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 with traverse of claims 37-50 in the reply filed on August 3, 2026 is acknowledged. The traversal is on the ground(s) that Selby does not teach a component having a body formed from a sheet. This is not found persuasive because Selby explicitly teaches that the component can be formed from sheets at page 6 lines 9-14 and at page 8 lines 24-26, Selby explicitly states that a rolled sheet of reconstituted tobacco is advantageous.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 37, 39-49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SELBY et al. (WO 2020/181358).
Selby teaches a component for a non-combustible aerosol delivery system, the component comprising a body (20) formed from a sheet of aerosol-generating material (page 6 lines 9-14, page 8 lines 24-26), the body comprising a void (30); and at least one tube (40) located in the void within the body; wherein the sheet of aerosol-generating material comprises an internal edge at least partially defining a closed end of the void (see figures 6B, 7B, 10B, 11B); and wherein the void comprises an open end in the plane of an end of the body (see figures 6C, 7C, 10C, 11C).
Regarding claim 39, figures 6B, 7B, 10B, and 11B show the first internal edge is a cut edge of the sheet of aerosol-generating material.
Regarding claim 40, figures 6B, 7B, 10B, and 11B show the sheet of aerosol- generating material comprises a slit that forms the first internal edge.
Regarding claim 41, figures 6B, 7B, 10B, and 11B show the sheet of aerosol- generating material comprises an aperture (40), and wherein an edge of the aperture comprises the first internal edge of the sheet material.
Regarding claim 42, figures 33a and 33b show the cross-section of the aperture is substantially rectangular.
Regarding claim 43, figures 6C, 7C, 10C, and 11C show the sheet of aerosol- generating material comprises first and second external edges at axial ends (top axial edge and bottom axial edge of body 20) of the sheet material, wherein the first internal edge (bottom of cavity 30) is substantially parallel to the first and second external edges.
Regarding claim 44, figures 6B, 7B, 10B, and 11B show the at least one tube (40) is located coaxially with the body of aerosol-generating material.
Regarding claim 45, figures 6B, 7B, 10B, and 11B show an end of the tube is located in the plane of an end of the body of aerosol-generating material.
Regarding claim 46, figure 21 shows the tube is configured to receive a susceptor.
Regarding claim 47, Selby teaches the tube comprises at least one active substance and/or aerosol-modifying substance (page 7 line 28 – page 8 line 2).
Regarding claim 48, Selby teaches the tube is formed from paper (page 7 line 30).
Regarding claim 49, figures 6B, 7B, 10B, and 11B show an end of the tube is located in abutting engagement with the closed end wall of the void.
Claim(s) 37, 39-41, 43-45, 48-50 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GRISHCHENKO (US 2024/0156155).
Grishchenko teaches a component for a non-combustible aerosol delivery system, the component comprising a body (6) formed from a sheet of aerosol-generating material (para. 0008), the body comprising a void (21); and at least one tube (20) located in the void within the body; wherein the sheet of aerosol-generating material comprises an internal edge at least partially defining a closed end of the void (see figure 5); and wherein the void comprises an open end in the plane of an end of the body (see figure 5).
Regarding claim 39, figure 5 shows the first internal edge is a cut edge of the sheet of aerosol-generating material.
Regarding claim 40, figure 5 shows the sheet of aerosol- generating material comprises a slit that forms the first internal edge.
Regarding claim 41, figure 5 shows show the sheet of aerosol- generating material comprises an aperture (21), and wherein an edge of the aperture comprises the first internal edge of the sheet material.
Regarding claim 43, figure 5 shows the sheet of aerosol- generating material comprises first and second external edges at axial ends (top axial edge and bottom axial edge of body 6) of the sheet material, wherein the first internal edge (closed end of cavity 21) is substantially parallel to the first and second external edges.
Regarding claim 44, figure 5 shows the at least one tube (20) is located coaxially with the body of aerosol-generating material.
Regarding claim 45, figure 5 shows an end of the tube is located in the plane of an end of the body of aerosol-generating material.
Regarding claim 48, Grishchenko teaches the tube is formed from paper (para. 0258).
Regarding claim 49, figure 5 shows an end of the tube is located in abutting engagement with the closed end wall of the void.
Regarding claim 50, figure 5 shows the first internal edge is spaced longitudinally from the open end of the void by a distance L3 of at least 4 mm (para. 0262) which incorporates the claimed range of about 5 mm to about 45 mm.
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) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over SELBY et al. (WO 2020/181358) in view of BRAY et al. (US 2023/0180821).
Selby teaches a component for a non-combustible aerosol delivery system, the component comprising a body (20) formed from a sheet of aerosol-generating material (page 6 lines 9-14, page 8 lines 24-26), the body comprising a void (30); and at least one tube (40) located in the void within the body; wherein the sheet of aerosol-generating material comprises an internal edge at least partially defining a closed end of the void (se figures 6B, 7B, 10B, 11B); and wherein the void comprises an open end in the plane of an end of the body (see figures 6C, 7C, 10C, 11C).
Selby is silent to the sheet of aerosol- generating material comprising a plurality of elongate strips extending between transversely extending bands of the aerosol generating material.
Bray teaches a sheet material for an aerosol generating article. Bray teaches the sheet of aerosol- generating material comprises a plurality of elongate strips extending between transversely extending bands of the aerosol generating material (para. 0034). It would have been obvious to one of ordinary skill in the art to try the sheet of aerosol- generating material of Bray as the sheet of Selby because Selby teaches that the sheet may be constructed from strips (page 6 lines 9-14).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over GRISHCHENKO (US 2024/0156155) in view of BRAY et al. (US 2023/0180821).
Grishchenko teaches a component for a non-combustible aerosol delivery system, the component comprising a body (6) formed from a sheet of aerosol-generating material (para. 0008), the body comprising a void (21); and at least one tube (20) located in the void within the body; wherein the sheet of aerosol-generating material comprises an internal edge at least partially defining a closed end of the void (see figure 5); and wherein the void comprises an open end in the plane of an end of the body (see figure 5).
Grishchenko is silent to the sheet of aerosol- generating material comprising a plurality of elongate strips extending between transversely extending bands of the aerosol generating material.
Bray teaches a sheet material for an aerosol generating article. Bray teaches the sheet of aerosol- generating material comprises a plurality of elongate strips extending between transversely extending bands of the aerosol generating material (para. 0034). It would have been obvious to one of ordinary skill in the art to try the sheet of aerosol- generating material of Bray as the sheet of Grishchenko because Grishchenko teaches that the sheet preferably has a density of 0.1 to 0.25 mg/mm2 (para. 0005) and Bray teaches that the sheet as a density of 0.2 to 2.5 mg/mm2 (para. 0027).
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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