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 .
DETAILED ACTION
Claim Objections
Claim 5 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 5 has not been further treated on the merits.
Claim 7 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 7 has not been further treated on the merits.
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)(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.
Claim(s) 1, 4, 8-9 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reevell (WO 2017211600).
Regarding claim 1, Reevell discloses an article for use in an aerosol provision system, comprising a distal end (the end of reference sign 205/305, figs. 10-11) for insertion into an aerosol-generating device and first and second sections of aerosol-generating material coaxially aligned along a longitudinal axis of the article, wherein said first section (205/305, figs. 10-11) is at said distal end and has a uniform cross-sectional area in a direction extending along the longitudinal axis, the cross-sectional area of the first section being smaller than the cross sectional area of the second section(204/304, figs. 10-11) remote from said distal end.
Regarding claim 4, Reevell discloses the second section (204/304, figs. 10-11) has a uniform cross-sectional area in a direction extending along the longitudinal axis.
Regarding claim 8, Reevell discloses the second section of aerosol generating material comprises a cavity or opening and the first section of aerosol-generating material is received within, and extends from said cavity or opening (see figs. 10-11).
Regarding claim 9, Reevell discloses the article comprising a wrapping material wrapping said first and/or second sections of aerosol generating material (page 27).
Regarding claim 16, Reevell discloses a mouth end (by reference signs 222/322, figs. 10-11) remote from said aerosol-generating material, said mouth end being configured to be placed between the lips of a user when the aerosol-generating material inserted into a non-combustible aerosol provision device.
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.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (WO 2017211600) in view of Lavanchy (WO 2020115150).
Regarding claim 10, Reevell does not expressly disclose the wrapping material are different between the first section and the second section. Lavanchy discloses wrapping material for an article wherein the wrapper can have different wrapping material for different sections of the article to prevent degradation for specific section (claim 1 and preferred embodiments illustrated by fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use the wrapper of Lavanchy for the article of Reevell.
Regarding claim 11, Lavanchy discloses the wrapping material comprises a ferrous and/or heat conductive material (claim 1)
Regarding claim 12, since Lavanchy discloses the wrapping material comprises heat conductive material (claim 1 of Lavanchy), the wrapping material is capable of being conductively heated to heat the aerosol-generating material.
Regarding claim 13, Reevell discloses the wrapping material is permeable to air and is a mesh, is perforated or has openings (page 27, lines 17-24).
Response to Arguments
Applicant’s arguments filed 7/10/2026 have been considered but are moot in view of the new ground of rejection.
Conclusion
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/PHU H NGUYEN/ Examiner, Art Unit 1747
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