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 .
Status of the Claims
Claims 1-2, 4-8, and 10-13 are pending and are subject to this Office Action. Claims 3 and 11 are cancelled. Claim 1 is amended.
Response to Amendments
The amendments to the claims filed on August 4, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 4-7, filed August 4, 2026, with respect to the rejection(s) of claims 1-13 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 5-6, Applicant argues that Granzotto does not disclose the limitation: “grinding raw tobacco at a temperature of -15 °C to -120 °C” because Granzotto states that raw tobacco in a cryogenic mill is contacted with liquid nitrogen at -175°C for 2 to 5 seconds, and the tobacco exits at a temperature below 10°C (Granzotto, [0057]). Examiner does not find the argument persuasive because the claim does not explicitly recite that the tobacco itself reaches a temperature within the range of -15 °C to -120 °C. Based on the claim language, “at a temperature of -15 °C to -120 °C” can be interpreted as referring to the surrounding conditions of the raw tobacco material. Therefore, Granzotto reads on the limitation because the LN2 in the cryogenic mill is at -175°C. Further, final tobacco temperature range of less than 10°C overlaps the claimed temperature of -15 °C to -120 °C. Additionally, because Granzotto discloses a cryogenic grinding process wherein liquid nitrogen is contacted with raw tobacco as performed by the inventor (see instant specification, [44]), one of ordinary skill in the art would be aware that the final temperature of the raw tobacco material after grinding can be adjusted by optimizing the residence time in the cryogenic mill or the speed of rotation. As such, Granzotto discloses or reasonably suggests the limitation and the arguments are unpersuasive.
The following is a modified rejection based on amendments made to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-6, 8, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Koide (US 2024/0260639 A1) in view of Xu (US 2024/0358066 A1) and Granzotto (US 2022/0030927 A1).
Regarding Claim 1-2, and 10-12, Koide, directed to methods for processing tobacco material ([0001]) and heat-not-burn articles ([0002]), teaches a method of manufacturing tobacco granules ([0039], The tobacco granules may be formed by any method and, for example, can be prepared as follows: fine powdered tobacco, nicotine, a flavor-developing aid, and a binder, are mixed together, water is added to the mixture, which is then kneaded, the resulting kneaded product is granulated to form granules), the method comprising:
manufacturing ground tobacco by grinding raw tobacco ([0039], The tobacco granules can be prepared as follows: fine powdered tobacco. [0026], the composition containing aged tobacco leaves that have been ground to have a predetermined particle size (such materials are hereinafter also referred to as “fine powdered tobacco”). The fine powdered tobacco is a form of processed tobacco leaves);
manufacturing a mixture including the ground tobacco and a solvent ([0039], The tobacco granules may be formed by any method and, for example, can be prepared as follows: fine powdered tobacco, nicotine, a flavor-developing aid, and a binder, plus, if desired, an aerosol-source material and a flavoring agent, are mixed together, water (solvent) is added to the mixture);
manufacturing tobacco granules by using the mixture ([0039], The tobacco granules may be formed by any method and, for example, can be prepared as follows: fine powdered tobacco, nicotine, a flavor-developing aid, and a binder, plus, if desired, an aerosol-source material and a flavoring agent, are mixed together, water is added to the mixture, which is then kneaded, the resulting kneaded product is granulated to form granules); and
drying the tobacco granules ([0041], The tobacco granules resulting from the extrusion-granulation may further be dried to adjust the water content, if necessary),
but does not teach the method i) comprising freeze-drying the tobacco granules, wherein the ground tobacco has a diameter of 10 µm to 100 µm, wherein the freeze-drying is performed at a temperature of -15 °C to -120 °C, wherein the freeze-drying is performed in a vacuum, wherein a moisture content of the tobacco granules after the freeze-drying is 3 wt% to 10 wt% of the tobacco granules, wherein a porosity of the tobacco granules after the freeze-drying is 10 % to 70 %; and ii) wherein the manufacturing of the ground tobacco is performed at a temperature of -15 °C to -120 °C.
With respect to i), Xu, directed to methods for processing tobacco material ([0001]), teaches a method of manufacturing an aerosol generating material ([0025]-[0029], The present disclosure provides a manufacturing method for a heat-not-burn aerosol generating substrate. The manufacturing method includes the following steps: providing raw material components for manufacturing the heat-not-burn aerosol generating substrate; making the raw material components into a paste-like material; molding the paste-like material through a molding process; and evaporating moisture of the paste-like material through a drying process), the method comprising:
manufacturing ground tobacco by grinding raw tobacco ([0025]-[0029], The manufacturing method includes the following steps: providing raw material components include plant raw material. [0135], The plant raw material may be an herbal plant, a Chinese herbal plant, a tobacco plant. [0032]-[0033], The manufacturing method further includes conducting pretreatment on the raw material components. The pretreatment includes crushing the raw material components through a crusher. A crushing granule size is 10 μm-500 μm);
manufacturing a tobacco mixture including the ground tobacco and a solvent ([0025]-[0029], The manufacturing method includes the following steps: providing raw material components; making the raw material components into a paste-like material. [0030], the raw material components include a plant raw material (tobacco plant) and water (solvent));
molding the tobacco mixture ([0025]-[0029], The manufacturing method includes the following steps: providing raw material components; making the raw material components into a paste-like material; molding the paste-like material through a molding process); and
freeze-drying the molded tobacco mixture ([0025]-[0029], The manufacturing method includes the following steps: providing raw material components; making the raw material components into a paste-like material; molding the paste-like material through a molding process; and evaporating moisture of the paste-like material through a drying process. the drying process includes freeze-drying the extruded paste-like material in vacuum);
wherein the ground tobacco has a diameter of 10 µm to 100 µm ([0032]-[0033], [0135], The manufacturing method further includes conducting pretreatment on the raw material components (including tobacco plant material). The pretreatment includes crushing the raw material components through a crusher. A crushing granule size is 10 μm-500 μm. [0040], the drying process includes freeze-drying the extruded paste-like material in vacuum),
wherein the freeze-drying is performed at a temperature of -15 °C to -120 °C ([0275]-[0278], Fig. 24 is a schematic structural diagram of a drying device 828 for an aerosol generating substrate 30. The drying device 828 for the aerosol generating substrate uses a freeze-drying method. Drying device 828 operates at a temperature of -80 °C to 45 °C),
wherein the freeze-drying is performed in a vacuum ([0040], the drying process includes freeze-drying the extruded paste-like material in vacuum),
wherein a moisture content of the molded tobacco mixture after the freeze-drying is 3 wt% to 10 wt% of the tobacco granules ([0230], [0242], Moisture is dried to 5%-15% of a weight of the aerosol generating substrate),
wherein a porosity of the molded tobacco mixture after the freeze-drying is 10 % to 70 % ([0257], [0327]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to freeze dry the tobacco granules wherein the freeze-drying is performed at a temperature of -15 °C to -120 °C in a vacuum as taught by Xu because Koide and Xu are directed to methods for processing tobacco material, Xu demonstrates that freeze drying a tobacco and water mixture at a temperature as low as -80 °C generates a substrate having a porosity sufficient for air to effectively pass through the tobacco substrate and/or a porosity sufficient for liquid aerosol generating materials to permeate through the substrate (Xu, [0132], [0276]-[0278], [0327]), Xu demonstrates that freeze drying in a vacuum allows the frozen water to sublimate into vapor to escape in a proper vacuum environment (Xu, [0276]), and this involves combining prior art elements to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Koide wherein the ground tobacco has a diameter of 10 µm to 100 µm as taught by Xu because Koide and Xu are directed to methods for processing tobacco material, Koide does not provide a diameter for the ground tobacco (Koide, [0039]), Xu demonstrates that ground tobacco having a diameter of 10 µm to 100 µm is a suitable starting material for a tobacco manufacturing process (Xu, [0033]), and one of ordinary skill in the art would have been motivated by the disclosure in Xu to provide the ground tobacco having the claimed diameter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Koide wherein a moisture content of the tobacco granules after the freeze-drying is 3 wt% to 10 wt% of the tobacco granules as taught by Xu because Koide and Xu are directed to methods for processing tobacco material, Xu demonstrates that a tobacco substrate having a low moisture content of 5 wt% to 15 wt% ensures that the moisture content and temperature of its aerosol is low such that a mouth of the smoker is not burnt (Xu, [0061], [0283]), and one of ordinary skill in the art would have been motivated by the disclosure in Xu to provide the tobacco granules having the claimed moisture content.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Koide wherein a porosity of the tobacco granules after the freeze-drying is 10 % to 70 % as taught by Xu because Koide and Xu are directed to methods for processing tobacco material, Xu demonstrates that a tobacco substrate having porosity of 10% and 70% allows for air to effectively pass through the tobacco substrate and/or allows for liquid aerosol generating materials to permeate through the substrate (Xu, [0132], [0327]), and one of ordinary skill in the art would have been motivated by the disclosure in Xu to provide the tobacco granules having the claimed moisture content.
With respect to ii), Granzotto, directed to methods of processing tobacco ([0001]), teaches a method of manufacturing ground tobacco ([0052]-[0057], Fig. 5; Cryogenic mill 20 is configured to grind tobacco material to a particle size of about 20-220 μm),
wherein the manufacturing of the ground tobacco is performed at a temperature of -15 °C to -120 °C ([0052]-[0057], Fig. 5; Within cryogenic mill 20, liquid nitrogen at a temperature of −175° C is injected onto the product inside the chamber of a screw conveyor 68 which feeds the mill 20 and its residence time in contact with nitrogen is about 2 to 5 sec. which is also the transit time of the product inside the cochlea that feeds the pin mill. The temperature of the product coming out of the mill 20 is advantageously less than 10° C. There must be embodiments of the invention wherein the average temperature of the tobacco product coming out of the mill is between -15 °C to -120 °C. The average temperature can be modified by the contact duration and the relative amounts of liquid nitrogen and tobacco within the mill 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Koide in view of Xu wherein the manufacturing of the ground tobacco is performed at a temperature of -15 °C to -120 °C as taught by Granzotto because Koide, Xu, and Granzotto are directed to methods of processing tobacco, Granzotto demonstrates that cryogenic grinding allows the tobacco to be kept at low process temperatures and therefore to retain tobacco aromas (Granzotto, [0053]), and this involves combining prior art elements to yield predictable results.
Regarding Claim 4, Koide in view of Xu and Granzotto teaches the method of claim 1. Koide further teaches the method wherein the solvent includes at least one selected from water and alcohols having 1 to 4 carbon atoms ([0039], Water is the solvent).
Regarding Claim 5, Koide in view of Xu and Granzotto teaches the method of claim 1. Koide further teaches the method wherein the solvent includes water and an alcohol having 1 to 4 carbon atoms, in a volume ratio of about 10:0 to about 5:5 ([0039], Water is the solvent. If water is used as the sole component of the solvent, the solvent necessarily comprises water and an alcohol having 1 to 4 carbon atoms in a volume ratio of 10:0).
Regarding Claim 6, Koide in view of Xu and Granzotto teaches the method of claim 1. Koide further teaches the method wherein the manufacturing of the tobacco granules includes wet-extruding the mixture ([0039], The tobacco granules may be formed by any method and, for example, can be prepared as follows: fine powdered tobacco, nicotine, a flavor-developing aid, and a binder, plus, if desired, an aerosol-source material and a flavoring agent, are mixed together, water is added to the mixture, which is then kneaded, the resulting kneaded product is granulated to form granules (having a long columnar shape) in a wet extrusion-granulation machine).
Regarding Claim 8, Koide in view of Xu and Granzotto teaches the method of claim 1. Koide further teaches the method wherein the tobacco granules have a diameter of 0.5 mm to 1.5 mm ([0044], the granules may have a particle size of, without limitation, greater than or equal to 250 μm (0.25 mm). The particle size is more preferably 250 to 850 μm (0.25-0.85 mm)).
Regarding Claim 13, Koide teaches the aerosol generating article comprising tobacco granules manufactured according to the method of claim 1 ([0037-[0039], The material for a flavor inhalation article may be provided, without limitation, in the form of granules or a sheet (tobacco granules or a tobacco sheet)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Koide (US 2024/0260639 A1) in view of Xu (US 2024/0358066 A1) and Granzotto (US 2022/0030927 A1) as applied to Claim 1, and further in view of Cao (US 2020/0383375 A1).
Regarding Claim 7, Koide in view of Xu and Granzotto teaches the method of claim 1, but does not teach the method wherein the manufacturing of the tobacco granules includes spraying the mixture in a fluidized-bed reactor.
Cao, directed to heat-not-burn articles ([0002]-[0003]), teaches a method of manufacturing of hemp granules ([0039], A hemp composition may be granulated by a spray fluidized bed granulation process),
wherein the manufacturing of the hemp granules includes spraying the mixture in a fluidized-bed reactor ([0039], A hemp composition may be granulated by a spray fluidized bed granulation process).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Koide in view of Xu and Granzotto wherein the manufacturing of the tobacco granules includes spraying the mixture in a fluidized-bed reactor as taught by Cao because Koide and Cao are directed to heat-not-burn articles, Cao demonstrates that spray fluidizing bed granulation is a common alternative granulation method (Cao, [0039]), and this involves combining prior art elements to yield predictable results.
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 JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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