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 § 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.
Claims 9, 10, 13, and 19 are 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.
Claims 9 and 10 recite the limitation "the first material layer and/or second material layer" in line 2. There is insufficient antecedent basis for this limitation in the claims.
Claim 13 recites the limitation "the non-combustible aerosol provision device" in line 3. There is insufficient antecedent basis for this limitation in the claims.
Regarding claim 19, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 2, 4, 8, 14, 15, 19, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moreno Rodriguez et al. (US 2021/0227878).
Claim 1. Moreno Rodriguez et al. discloses an aerosol generating article 1 comprising a first body of aerosol forming material 22, a first tubular member 24 surrounding the first body of aerosol forming material 22, a second body of aerosol forming material 26 (material layer) surrounding the first tubular member 24. A sheet of aerosol forming material 108 including a plurality of longitudinally extending surface recesses 116 surrounds the second body of aerosol forming material 26 ([0063]; [0088]; Figures 7b, 7c, 7d wherein the second body of aerosol forming material 26 is a material layer which partially bounds the recesses 116).
Claim 2. Moreno Rodriguez et al. discloses that the second body of aerosol forming material 26 is a material layer which lines inner surface of the recesses 116 (Figure 7d).
Claim 4. Moreno Rodriguez et al. discloses that the second body of aerosol forming material 26 is an aerosol forming material 100 in sheet form ([0086]; Figures 7a, 7b, 7c, 7d).
Claim 8. Moreno Rodriguez et al. discloses that ends of the article 1 are free of the second body of aerosol forming material 26 (material layer) (Figures 1 and 7d; [0026] disclosing air-permeable plugs at the first and second axial ends of the article).
Claims 14 and 15. Moreno Rodriguez et al. discloses that the article 1 comprises a plurality of recesses 116 (channels) which extend longitudinally through the body of article 1 (Figure 7d).
Claim 19. Moreno Rodriguez et al. discloses that the aerosol forming material may comprise plant derived material and in particular, the aerosol forming material may comprise tobacco ([0027]).
Claim 28. Moreno Rodriguez et al. discloses a method of forming an aerosol generating article 1 wherein the method comprises providing a sheet of aerosol forming material 108 (body of aerosol-generating material) is adhered to a second sheet 110 in the form of a paper wrapper, whilst leaving an exposed region 112 along an edge 114 of the second sheet 110. The sheet of aerosol forming material 108 includes a plurality of longitudinally extending surface recesses 116 and a plurality of longitudinally extending and surface projections 118. Both the second sheet 110 and the sheet of aerosol forming material 108 adhered thereto are then simultaneously wrapped around the second body of aerosol forming material 26 (material layer), shown by the arrows C in FIG. 7c, to complete the manufacture of the aerosol generating article 5 shown in FIG. 7d ([0088]-[0089]; Figures 7c and 7d).
Claims 1-4, 9, 10, 14, 15, 19, 22, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaljura et al. (WO2020025737A1).
Claims 1 and 2. Kaljura et al. discloses a consumable for use with an apparatus for heating aerosolizable material, the consumable comprising hollow tube 2a which defines a passageway 20 (recess or cavity) therein. The hollow tube 2a comprises plural layers 10, 11, 12, 13. One of the layers is a wound structure 10 comprising aerosolisable material. In this embodiment, the wound structure 10 is a helically wound structure comprising aerosolisable material. The aerosolisable material of the structure 10 comprises tobacco. Hollow tube 2a also comprises a layer 11 comprising the heating material that is heatable by penetration with a varying magnetic field. The layer 11 comprising heating material comprises a carrier, such as paper, carrying the heating material. In other embodiments, the layer 11 comprising heating material comprises a foil, such as a metal or metal alloy foil, such as aluminium foil. The consumable 2 comprises another layer 12 (aerosol-generating material), which is radially adjacent and abuts the layer 11 (material layer) comprising heating material, so that heat energy generated in the heating material in use is able efficiently to pass to the other layer 12. The other layer 12 comprises aerosolisable material. The other layer 12 also abuts the barrier layer 13. The barrier layer 13 may, for example, comprise one or more materials selected from the group consisting of: paper, card, paperboard, cardboard, reconstituted tobacco, a plastics material, and heating material (Figures 3 and 4; Page 28, line 16 – Page 32, line 29).
Claim 3. Kaljura et al. discloses layer 12 (first aerosol-generating material) and that the passageway 20 (recess or cavity) is partially filled with the wound structure 10 comprising aerosolisable material (second aerosol-generating material). The aerosolisable material of the layer 12 has a different form or chemical composition to the aerosolisable material of the structure 10 (Figures 3 and 4; Page 28, line 16 – Page 32, line 29; Page 33, lines 5-12).
Claim 4. Kaljura et al. discloses that layer 11 (material layer) comprising heating material comprises a carrier, such as paper (sheet material), carrying the heating material. In other embodiments, the layer 11 comprising heating material comprises a foil (sheet material), such as a metal or metal alloy foil, such as aluminium foil (Figures 3 and 4; Page 28, line 16 – Page 32, line 29).
Claims 9 and 10. Kaljura et al. discloses that layer 11 (material layer) comprising heating material comprises a carrier, such as paper, carrying the heating material. In other embodiments, the layer 11 comprising heating material comprises a foil (which prevents airflow through the layer 11 and is an impervious membrane/low permeability), such as a metal or metal alloy foil, such as aluminium foil (Figures 3 and 4; Page 28, line 16 – Page 32, line 29).
Claims 14 and 15. Kaljura et al. discloses that wound structure 10 is a helically wound structure comprising aerosolisable material which forms a channel which extends through the consumable (Figures 3 and 4; Page 28, line 16 – Page 32, line 29).
Claim 19. Kaljura et al. discloses that the aerosolisable material comprises tobacco (Page 50, lines 31-32).
Claim 22. Kaljura et al. discloses a consumable for use with an apparatus for heating aerosolizable material, comprising the consumable according to claim 1 and a porous body (downstream portion) for filtering aerosol or vapour released from the aerosolisable material in use. The porous body can be of any type used in the tobacco industry. The porous body may be made of cellulose acetate. The porous body is substantially cylindrical with a substantially circular cross section and a longitudinal axis. The porous body abuts an axial end 15, 16 of the hollow tube la, 2a and is axially aligned with the hollow tube la, 2a (Page 35, lines 21-32).
Claim 26. Kaljura et al. discloses the article of claim 22 and an apparatus 100 for heating the aerosolisable material of the consumable to volatilise at least one component of the aerosolisable material (Page 44, lines 24-30).
Claims 1, 2, 4, 5-7, 11-15, 18, 19, 22, 26, and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Selby et al. (US 2022/0183348).
Claims 1, 2, 11, and 19. Selby et al. discloses a heat not burn cigarette 10 comprising a housing or outer capsule 12, a mouthpiece 90, and tobacco section 20 (body of aerosol-generating material) comprising at least one air flow channel 30 (recess or cavity). The at least one air flow channel 30 is defined by the hollow tube 40 (material layer), which may be manufactured with any known suitable material, including commonly used paper for making cigarettes. Suitable materials include cigarette paper, cellulose and modified cellulose products, fibrous materials with or without porosity such as cotton, flax, hemp, other fibers, or blends of fibers, or adhesives, or blends of different materials and adhesives ([0024]; Figures 6b and 6c).
Claim 4. Selby et al. discloses that the hollow tube 40 (material layer) can be made of cigarette paper (sheet material) ([0024]).
Claims 5, 14 and 15. Selby et al. discloses that the at least one air flow channel 30 does not extend from the bottom end 50 of the tobacco section 20, but rather stops short of the bottom end 50 ([0043]; Figures 6b and 6c).
Claims 6 and 7. In an alternative embodiment, Selby et al. discloses the tobacco section 20 (body of aerosol-generating material) comprising at least one air flow channel 30 (recess or cavity) ([0024]; Figures 4b and 4c). The at least one air flow channel 30 (recess or cavity) is partially bounded by a porous material 110 (first material layer) such as cellulose acetate, cotton fibres, hemp fibres, flax fibres, or other suitable porous materials or a blend of suitable materials is attached to the bottom end of the tobacco section 20 to retain the tobacco material within the tobacco section 20 ([0041]; Figures 4b and 4c). The at least one air flow channel 30 is defined by the hollow tube 40 (second material layer), which may be manufactured with any known suitable material, including commonly used paper for making cigarettes. Suitable materials include cigarette paper, cellulose and modified cellulose products, fibrous materials with or without porosity such as cotton, flax, hemp, other fibers, or blends of fibers, or adhesives, or blends of different materials and adhesives ([0024]; Figures 4b and 4c).
Claim 12. Selby et al. discloses a porous material 110 (second material layer) such as cellulose acetate, cotton fibres, hemp fibres, flax fibres, or other suitable porous materials or a blend of suitable materials is attached to the bottom end of the tobacco section 20 to retain the tobacco material within the tobacco section 20 ([0041]; Figures 4b and 4c).
Claim 13. Selby et al. discloses that the one air flow channel 30 of the tobacco section 20 is configured to receive a heater of a vaporizer device (Figure 21; [0058]).
Claim 18. Selby et al. discloses that the at least one air flow channel 30 (recess or cavity) is defined between the tobacco section 20 (body of aerosol-generating material) and the outer capsule 12 (wrapper) ([0043]; Figures 6b and 6c).
Claim 22. Selby et al. discloses that the heat not burn cigarette 10 comprises a mouthpiece 90 downstream of the tobacco section 20 ([0024]; Figures 6b and 6c).
Claim 26. Selby et al. discloses that the heat not burn cigarette 10 is used with a vaporizer device (Figure 21; [0058]).
Claim 27. Selby et al. discloses that the heating element is arranged to penetrate the porous material 110 (first material layer) ([0041]; Figures 4b, 4c, and 21).
Allowable Subject Matter
Claims 16, 17, and 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Moreno Rodriguez et al. (US 2021/0227878), Kaljura et al. (WO2020025737A1), and Selby et al. (US 2022/0183348) which disclose the body of aerosol generating material according to claim 14, but none of which teach wherein said body comprises a longitudinal axis and said one or more channels pass through said body at an angle to the longitudinal axis or wherein said one or more channels form a helix around an outer region of the body.
Regarding claim 29, Moreno Rodriguez et al. discloses the method of claim 28 but does not disclose or suggest wherein providing the body of aerosol-generating material comprises extruding aerosol-generating material over a die head, and wherein applying the material layer comprises feeding a central sleeve through said aerosol- generating material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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.
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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