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 1-8, 10, 12, 13, 15, 17-21, 23, 24 and 26 are pending.
Claims 15, 17-21, 23 and 24 have been withdrawn.
Claim Objections
Claims 15, 17-21, 23 and 24 have been objected to because of the following informalities: the claim status needs to be updated to “withdrawn”. Appropriate correction is required.
Election/Restrictions
Applicant's election of Claims 1-8, 10, 12, 13 and 26 in the reply filed on 8/6/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 15, 17-21, 23 and 24 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim 5 is 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.
Regarding claim 5, 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
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 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.
Claim(s) 1-8, 10, 12, 13 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoun (WO 2020025735).
Regarding claims 1 and 12, Aoun teaches an aerosol-generating material (“aerosolisable material comprising an amorphous solid”) capable of being used in aerosol generation (abstract), the aerosol-generating material (“amorphous solid”) comprising:
about 15 wt% to about 50 wt% (calculated on a dry weight basis) of an active substance (page 10, lines 13-18), wherein the active substance is one or more constituents, derivatives or extracts of cannabis, such as one more cannabinoids (page 16, lines 26-27);
about 10 wt% to about 50 wt% (calculated on a dry weight basis) aerosol-former material (“aerosol generating agent”) (page 9, lines 20-22); and,
about 15 wt% to about 60 wt% gelling agent (calculated on a dry weight basis) (page 8, lines 25-27).
Regarding claim 2, Aoun teaches that the aerosol-generating material comprises about 25 wt% to about 45 wt% (calculated on a dry weight basis) of an active substance (page 10, lines 13-18), wherein the active substance is one or more constituents, derivatives or extracts of cannabis, such as one more cannabinoids (page 16, lines 26-27).
Regarding claim 3, Aoun teaches that the aerosol-generating material comprises about 15 wt% to about 45 wt% (calculated on a dry weight basis) aerosol-former material (“aerosol generating agent”) (page 9, lines 20-22)
Regarding claim 4, Aoun teaches that the aerosol-generating material comprises about about 25 wt% to about 50 wt% gelling agent (calculated on a dry weight basis) (page 8, lines 25-27).
Regarding claims 5-7, Aoun teaches that the gelling agent comprises a cellulose derivative (page 8, lines 31-page 9, line 1), specifically hydroxymethyl cellulose, hydroxyethyl cellulose or carboxymethylcellulose (page 9, lines 2-4).
Regarding claim 8, Aoun teaches that the gelling agent is kaolin (page 9, lines 2-5), which is not crosslinked.
Regarding claim 10, Aoun teaches that the aerosol-former material comprises glycerol, propylene glycol, erythritol and/or triacetin (page 9, lines 23-27).
Regarding claim 13, Aoun teaches that the cannabinoid is selected from cannabigerol (CBG), cannabichromene (CBC), cannabidiol (CBD), tetrahydrocannabinol (THC), cannabinol (CBN), cannabinodiol (CBDL), cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabichromevarin (CBCV), cannabigerovarin (CBGV), cannabigerol monomethyl ether (CBGM), cannabinerolic acid, cannabidiolic acid (CBDA), cannabinol propyl variant (CBNV), cannabitriol (CBO), tetrahydrocannabmolic acid (THCA), and tetrahydrocannabivarinic acid (THCV A) (page 16, line 29- page 17, line 10).
Regarding claim 26, Aoun teaches that the aerosol-former material further comprises filler (page 12, lines 1-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANA B KRINKER whose telephone number is (571)270-7662. The examiner can normally be reached Monday, Wednesday, Thursday and Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YANA B. KRINKER
Examiner
Art Unit 1755
/YANA B KRINKER/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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