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 without traverse of Group I in the reply filed on 6/10/2026 is acknowledged.
Claims 27-31, 34, 35, and 38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/10/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-7 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Abi Aoun (WO 2021/105434 A1 – of Record).
Regarding claim 1. Abi Aoun teaches an aerosol-generating agent in an amount of 50% to 100% (Page 7, Lines 17-24) of the aerosol-generating material, which overlaps the claimed range of 1-80% which is a prima facie case of obviousness, one or more binders where the total amount of binder is 1% to 60% (Page 8, Lines 1-4) of the aerosol-generating material, which overlaps the claimed range of 5-50% which is a prima facie case of obviousness, and include a cellulosic binder (Page 9, Lines 3-6). Abi Aoun also teaches flavor in an amount of 0.1% to 80% (Page 10, Lines 21-27) of the aerosol-generating material, which overlaps the claimed range of 0.1 to 60% which is a prima facie case of obviousness, and an emulsifier in an amount of 5% to 15% of the aerosol- generating material (Page 10, Lines 29-31), which overlaps the claimed range of 1-25% which is a prima facie case of obviousness.
Regarding claim 2, Abi Aoun teaches that the one or more binders include a cellulosic binder and a non-cellulosic binder (Page 9, Line 4-6).
Regarding claim 3, Abi Aoun teaches that the binders include carboxymethyl cellulose (Page 9, Line 8-12).
Regarding claim 4, Abi Aoun teaches that the non-cellulosic binder comprises alginate (Page 9, Lines 21-22).
Regarding claim 5, Abi Aoun teaches that the binders include carboxymethyl cellulose (Page 9, Line 8-12) and alginate (Page 9, Lines 18-21).
Regarding claim 6, Abi Aoun teaches that the binders can be a combination of both cellulosic and non-cellulosic binders (Page 9, Lines 4-6). As Abi Aoun teaches using both cellulosic and non-cellulosic binders, there will be a weight ratio between the two binders, which overlaps with the claimed ratios of 1:4 to 4:1 which is a prima facie case of obviousness.
Regarding claim 7, Abi Aoun teaches that the flavor comprises menthol (Page 10, Lines 26-27).
Regarding claim 24, Abi Aoun teaches that aerosol-generating material comprises no tobacco (Page 12, Lines 26-27).
Regarding claim 25, Abi Aoun teaches the aerosol-generating material in the form of a sheet (Page 19, Lines 25-26).
Regarding claim 26, Abi Aoun teaches that the aerosol-generating material is the form of a film on a support (Page 20, Lines 10-13).
Regarding claim 37, Abi Aoun teaches a filler (Page 17, Lines 14-18).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Abi Aoun (WO 2021/105434 A1) as applied to claim 37 above, and further in view of Kawasaki et al. (US 2024/0023600 A1).
Regarding claim 16, Abi Aoun teaches that the aerosol-generating material contains fillers (Page 17, Lines 14-18), but does not teach the density of the fillers.
In an analogous art, Kawasaki teaches an aerosol-generating material that contains filler at a density of 0.2-0.6 mg/m3 (0.2-0.6 g/cm3) (Para. [0092]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Abi Aoun with Kawasaki to have the fillers have a density of 0.2-0.6 mg/m3. This modification will allow heat to be properly transmitted to the fillers and prevent unnecessary filtration (Kawasaki; Para. [0092]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J WEILER whose telephone number is (571)272-2664. The examiner can normally be reached M-F 9:00am-5:30pm.
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/N.J.W./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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