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 1-10 are pending and are subject to this Office Action. This is the first Office Action on the merits of 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, 5-6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (US 2021/0251287 A1) in view of Ghanouni (US 2021/0315259 A1).
Regarding Claims 1, 5-6, and 8, Emmett, directed to aerosol generating devices and aerosol generating articles ([0001]), teaches a cigarette ([0002], [0093], Fig. 1; Aerosol-generating article 500) comprising:
a tobacco rod comprising a susceptor ([0093], Fig. 1, 6B; Aerosol-generating article 500 comprises a substrate element 510 (tobacco rod) that comprises the aerosol-forming substrate 511; and [0033], The aerosol-forming substrate preferably comprises tobacco; and [0116], The substrate element 510 may also comprise a susceptor blade 514 as shown in FIG. 6B.);
a front end plug positioned at a front end of the tobacco rod ([0093], Fig. 1; Aerosol-generating article 500 comprises a support element 521 (front end plug) positioned at a front end of the substrate element 510 (tobacco rod). Support element 521 may be permeable to air or may include an air path 526 through a tubular element 524 to allow airflow through the aerosol-generating article 500. The support elements 521, 522 may be made from cellulose acetate (a common filtration material));
a filter rod comprising a plurality of segments positioned at a rear end of the tobacco rod ([0093]-[0097], Fig. 1; Aerosol-generating article 500 comprises support element 522, aerosol cooling element 530, and mouthpiece 540 which cooperate to form a filter rod comprising a plurality of segments positioned at a rear end of substrate element 510 (tobacco rod). The support elements 521, 522 and mouthpiece 540 may be made from cellulose acetate (a common filtration material))); and
a wrapper surrounding the tobacco rod, the front end plug, and the filter rod ([0099], Fig. 1; the support elements 521, 522, the substrate element 510, the cooling element 530 and the mouthpiece 540 may be substantially cylindrical and may each have substantially the same diameter. The elements may be arranged sequentially to form a cylindrical rod. The elements may be circumscribed by an outer wrapper 560)
but does not teach the cigarette wherein the wrapper comprises at least one perforation formed in an area to introduce external air, wherein the at least one perforation is formed in an area surrounding any one of the plurality of segments of the wrapper, wherein, when the cigarette comprising the front end plug, the tobacco rod, and the filter rod is inserted into an aerosol generating device, the area in which the at least one perforation is formed is exposed out of the aerosol generating device, wherein a diameter of the at least one perforation is 0.02 mm to 0.8 mm, wherein the at least one perforation comprises a plurality of perforations, wherein the plurality of perforations are spaced apart from each other by a constant distance, wherein the at least one perforation comprises a plurality of perforations arranged along a circumferential direction of the wrapper.
Ghanouni, directed to aerosol generating devices ([0001]-[0005]), teaches a cigarette comprising: a tobacco rod ([0107], Fig. 1-3; Article 101 (cigarette) is a substantially cylindrical rod that includes a body of aerosol generating material 103 (tobacco rod); and [0023]-[0037], The aerosol generating material 103 comprises tobacco);
a filter rod comprising a plurality of segments positioned at a rear end of the tobacco rod ([0107], Fig. 1-3; Article 101 (cigarette) comprises filter assembly 105 (filter rod) includes three segments, a cooling segment 107, a filter segment 109 and a mouth end segment 111 positioned at a rear end of aerosol generating material 103 (tobacco rod)); and
a wrapper surrounding the tobacco rod and the filter rod ([0099], Fig. 1-3; the aerosol generating article 101 may be circumscribed by a wrapping material such as paper),
and comprising at least one perforation formed in an area to introduce external air wherein the at least one perforation is formed in an area surrounding any one of the plurality of segments of the wrapper ([0128]-[0133], Figs. 4-5 show a different embodiment of the article (101/301). The reference signs shown in FIGS. 4-5 are equivalent to those shown in FIGS. 2-3, with an increment of 200. A ventilation region 317 is provided in the article 301 to enable air to flow into the interior of the article 301 from the exterior of the article 301. The ventilation region 317 takes the form of one or more ventilation holes 317 (perforations) formed through the outer layer (wrapper) of the article 301. The ventilation holes may be located at or near the cooling segment 307 (any one of the plurality of segments)),
wherein, when the cigarette is inserted into an aerosol generating device, the area in which the at least one perforation is formed is exposed out of the aerosol generating device ([0135], Fig. 6; Device 51 arranged to heat aerosol generating material 103 (tobacco rod) to volatilize at least one component of said aerosol generating material 103; and [0133], Providing the rows of ventilation holes between 17 mm and 20 mm from the proximal end 313 of the article 301 enables the ventilation holes 317 (perforations) to be located outside of the device 51, when the article 301 is fully inserted in the device 51),
wherein a diameter of the at least one perforation is 0.02 mm to 0.8 mm ([0130], Figs. 4-6; The ventilation holes 317 may, for example, be between 100 to 500 μm in diameter (0.1 mm to 0.5 mm)),
wherein the at least one perforation comprises a plurality of perforations, wherein the plurality of perforations are spaced apart from each other by a constant distance ([0128]-[0133], Figs. 4-6; Each row of ventilation holes may have between 12 to 36 ventilation holes 317, which are spaced apart from each other by a constant distance as shown in Figs. 4-6),
wherein the at least one perforation comprises a plurality of perforations arranged along a circumferential direction of the wrapper ([0129], Fig. 4-6; the ventilation region 317 comprises one or more rows of holes, and preferably, each row of holes is arranged circumferentially around the outer layer (wrapper) of article 301).
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 cigarette of Emmett wherein the wrapper comprises at least one perforation formed in an area to introduce external air, wherein the at least one perforation is formed in an area surrounding any one of the plurality of segments of the wrapper, wherein, when the cigarette comprising the front end plug, the tobacco rod, and the filter rod is inserted into an aerosol generating device, the area in which the at least one perforation is formed is exposed out of the aerosol generating device, wherein a diameter of the at least one perforation is 0.02 mm to 0.8 mm, wherein the at least one perforation comprises a plurality of perforations, wherein the plurality of perforations are spaced apart from each other by a constant distance, wherein the at least one perforation comprises a plurality of perforations arranged along a circumferential direction of the wrapper as taught by Ghanouni because Emmett and Ghanouni are directed to aerosol generating devices, Ghanouni demonstrates that a wrapper comprising a plurality of perforations in the claimed configuration allows non-heated air to enter the article to cool down the aerosol before it reaches the mouth of the user (Ghanouni, [0129]-[0133]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 9, Emmett teaches an aerosol generating device ([0101], Fig. 2; Aerosol-generating device 600) comprising:
a housing having a receiving space into which the cigarette according to claim 1 is inserted ([0102], Fig. 2; Aerosol-generating device 600 comprises a housing 601 and a receptacle 610 formed in the housing 601. The receptacle 610 is constructed for receiving the aerosol-generating article 500 (which has been modified in view of Ghanouni to yield the cigarette according to claim 1);
an induction coil configured to form a magnetic field in the receiving space ([0103], Fig. 2; Aerosol-generating device 600 comprises a heating element; and [0068], The heating element may comprise a susceptor for heating by an inductive element. The inductive element may comprise one or more induction coils configured to induce eddy currents and/or hysteresis losses in a susceptor material, which results in heating of the susceptor); and
a controller electrically connected to the induction coil to control power of a battery to be supplied to the induction coil ([0069], The aerosol-generating device may comprise control electronics operably coupled to the heating element. Where the heating element comprises a susceptor and inductive element arrangement, the control electronics may be operably coupled to an inductive element. The control electronics may be configured to control heating of the heating element; and [0071], The electronic circuitry may be configured to regulate a supply of power. The power may be supplied to the heating element or inductive element in the form of pulses of electrical current; and [0077] The control electronics may be operably coupled to a power supply, and a power supply of an aerosol-generating device may be a battery).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (US 2021/0251287 A1) in view of Ghanouni (US 2021/0315259 A1) as applied to Claim 1, and further in view of Zuber (US 2014/0373856 A1).
Regarding Claim 2-3, Emmett in view of Ghanouni does not teach the cigarette wherein draw resistance of the front end plug is greater than draw resistance of each of the plurality of segments, wherein the at least one perforation reduces draw resistance that is increased by the front end plug.
Zuber, directed to aerosol generating articles ([0001]), teaches a cigarette ([0053] Fig. 1 illustrates a smoking article 1 (cigarette)) comprises:
a tobacco rod ([0053], Fig. 1; Smoking article 1 comprises a front-plug 2, an aerosol-forming substrate 7 (tobacco rod), a hollow cellulose acetate tube 6, a transfer section 4, and a mouthpiece filter 3. These five elements are arranged sequentially and in coaxial alignment and are assembled by a cigarette paper 5 to form a rod 15; and [0056], The aerosol forming substrate 7 may comprises tobacco);
a front end plug positioned at a front end of the tobacco rod ([0053], Fig. 1; Smoking article 1 comprises a front-plug 2 positioned at a front end of the an aerosol-forming substrate 7 (tobacco rod);
a filter rod comprising a plurality of segments positioned at a rear end of the tobacco rod ([0053], Fig. 1; Smoking article 1 comprises a filter rod positioned at a rear end of aerosol-forming substrate 7 (tobacco rod), the filter rod comprising a hollow cellulose acetate tube 6, a transfer section 4, and a mouthpiece filter 3),
wherein the draw resistance of the cigarette is a variable wherein can be modified by the draw resistance of the front end plug ([0025], The front-plug may be made from a filter material that allows air to be drawn through the front-plug. The front-plug may conveniently be formed from cellulose acetate tow. Permeability of the front-plug may be varied to help control resistance to draw through the smoking article. Alternatively, the front-plug may be formed from a material that is not permeable to air).
The precise draw resistance of the front end plug would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the draw resistance of the cigarette is a variable which can be modified by the draw resistance of the front end plug (Zuber, [0025]). As such, without showing unexpected results, the claimed metal salt content cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the draw resistance of the front end plug by routine experimentation to obtain the desired draw resistance of the cigarette, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Further, as Emmett has been modified in view of Ghanouni such that the wrapper comprises at least one perforation formed in an area to introduce external air, wherein the at least one perforation is formed in an area surrounding any one of the plurality of segments of the wrapper, wherein a diameter of the at least one perforation is 0.02 mm to 0.8 mm, wherein the at least one perforation comprises a plurality of perforations, wherein the plurality of perforations are spaced apart from each other by a constant distance, wherein the at least one perforation comprises a plurality of perforations arranged along a circumferential direction of the wrapper as required by Claims 1, 5-6, and 8, it is reasonably understood that the at least one perforation reduces draw resistance that is increased by the front end plug as claimed because the perforations in the wrapper necessarily reduce draw resistance relative to the increased resistance provided by the front end plug (see instant specification, [0093]-[0099]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Emmett (US 2021/0251287 A1) in view of Ghanouni (US 2021/0315259 A1) as applied to Claim 1, and further in view of Lord (US 2021/0315264 A1).
Regarding Claim 4, Emmett in view of Ghanouni does not teach the cigarette wherein each of the plurality of segments is a hollow filter.
Iadanza, directed to aerosol generating articles ([0016]-[0017]), teaches a cigarette ([0560]-[0561], Fig. 1; HNB consumable 1 (cigarette)) comprises:
a tobacco rod ([0560]-[0561], Fig. 1; HNB consumable 1 (cigarette) comprises an aerosol-forming substrate 2. The aerosol-forming substrate 2 comprises a rod-shaped extrudate of tobacco);
a filter rod comprising a plurality of segments positioned at a rear end of the tobacco rod ([0560]-[0561], Fig. 1; HNB consumable 1 (cigarette) comprises a filter rod positioned at a rear end of aerosol-forming substrate 2 (tobacco rod), the filter rod comprising an upstream filter element 4 and a downstream (terminal) filter element 5 which are spaced by a cardboard spacer tube 6),
wherein each of the plurality of segments is a hollow filter ([0560]-[0568], Fig. 1; Each filter element 4, 5 is a hollow bore filter element with a hollow, longitudinally extending bore. Cardboard spacer tube 6 is a hollow element used for filtration; and [0228], The spacer may be located between the upstream filter element and the terminal filter. The spacer acts to allow both cooling and mixing of the aerosol).
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 cigarette of Emmett wherein each of the plurality of segments is a hollow filter as taught by Lord because Emmett and Lord are directed to aerosol generating articles, Lord demonstrates that a filter rod comprising a plurality of axially aligned bores may help to create a pressure drop in fluid flowing across the filter rod, which may be desirable with respect to user experience (Lord, [0190]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Emmett (US 2021/0251287 A1) in view of Ghanouni (US 2021/0315259 A1) as applied to Claim 1, and further in view of Iadanza (US 2021/0244079 A1).
Regarding Claim 7, Emmett in view of Ghanouni does not teach the cigarette wherein the wrapper comprises an inner wrapper and an outer wrapper that surrounds the inner wrapper, wherein the at least one perforation is formed in the outer wrapper.
Iadanza, directed to aerosol generating articles ([0001]-[0023]), teaches a cigarette comprising an inner wrapper and an outer wrapper that surrounds the inner wrapper ([0297], the aerosol-forming article (cigarette) comprises a wrapping layer with a laminate structure comprising a first layer and a second layer, the first layer being an inner wrapper adjacent the aerosol-forming substrate and the second layer being an outer wrapper lying radially outside the first layer).
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 cigarette of Emmett wherein the wrapper comprises an inner wrapper and an outer wrapper that surrounds the inner wrapper as taught by Iadanza because Emmett and Iadanza are directed to aerosol generating articles, Iadanza states that the inner wrapper may comprise a noncombustible material to protect and prevent combustion of an aerosol generating material (e.g. tobacco rod) (Iadanza, [0295]-[0300]), and this involves combining prior art elements according to known methods 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 cigarette of Emmett in view of Ghanouni and Iadanza wherein the at least one perforation is formed in the outer wrapper because Ghanouni demonstrates that at least one perforation is provided in the wrapper (Ghanouni, [0128]-[0133]), and Iadanza demonstrates that the wrapper comprises an inner wrapper and an outer wrapper that surrounds the inner wrapper (Iadanza, [0297]). As there are only a finite number of options (2) presented for wrapper through which the at least one perforation is provided, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try forming the at least one perforation in the outer wrapper, as claimed, because there are a finite number of identified, predictable solutions.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Emmett (US 2021/0251287 A1) in view of Ghanouni (US 2021/0315259 A1) as applied to Claim 1, and further in view of Monsees (US 2015/0208729 A1).
Regarding Claim 10, Emmett teaches an aerosol generating system ([0101], Fig. 1; The aerosol-generating article 500 and the aerosol-generating device 600 together may form an aerosol-generating system 400) comprising:
an aerosol generating device having a first receiving space into which the cigarette according to claim 1 is inserted ([0102], Fig. 2; Aerosol-generating device 600 comprises a housing 601 and a receptacle 610 formed in the housing 601. The receptacle 610 is constructed for receiving the aerosol-generating article 500 (which has been modified in view of Ghanouni to yield the cigarette according to claim 1),
but does not teach the system comprising a cradle having a second receiving space in which the aerosol generating device is accommodated.
Monsees, directed to aerosol generating devices ([0002]), an aerosol generating system comprising: an aerosol generating device ([0165]-[0169], Figs. 5-7C; Compact electronic device 10 (aerosol generating system) may comprise a device body 20 (aerosol generating device) with a cartridge receptacle 21 for receiving a cartridge 30. Device body 20 is configured to heat a liquid within cartridge 30 to generate an aerosol);
a cradle having a second receiving space in which the aerosol generating device is accommodated ([0221], As illustrated in FIGS. 16A-16C, the charging unit 60, may comprise a USB device with a plug for a power source 63 and protective cap 64, with a cradle 61 for capturing the device body 20 (with or without the cartridge installed). The cradle may further comprise either a magnet or a magnetic contact 62 to securely hold the device body in place during charging. Cradle 61 defines a second receiving space in which device body 20 (aerosol generating device) is accommodated).
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 aerosol generating system of Emmett comprising a cradle having a second receiving space in which the aerosol generating device is accommodated as taught by Monsees because Emmett, Ghanouni, and Monsees are directed to aerosol generating devices, Monsees demonstrates that the cradle is a charging interface capable of charging a battery of an aerosol generating devices (Monsees, [0221]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (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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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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