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 § 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, 3, 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LAUENSTEIN (US 2021/0244074).
With respect to claim 1, LAUENSTEIN discloses a material for a for a flavor inhalation article for a non-combustion heating-type flavor inhalation article (Paragraphs [0036], [0079], [0087]) and is formed by mixing a mixture of cellulosic fibers (e.g., a cellulosic base material and an additional fibrous material) (Paragraphs [0073], [0074], [0093]-[0095]), with nicotine (e.g., the alkaloid material containing nicotine) (Abstract; Paragraphs [0030]-[0043]). The article is a tobacco sheet (Paragraphs [0004], [0005], [0036], [0038]).
With respect to claim 3, LAUENSTEIN discloses that the fibrous material is present in the article in an amount of 7 wt % of the sheet (Paragraph [0098]).
With respect to claim 4, LAUENSTEIN discloses a non-combustion heating-type (Paragraphs [0006], [0028], [0029], [0036], [0079]) comprising a tobacco containing segment that comprises the material of claim 1 (Paragraphs [0035]-[0036]).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over LAUENSTEIN (US 2021/0244074) in view of INAGAKI et al. (US 2011/0192408).
With respect to claim 5, LAUENSTEIN discloses that article of claim 4 (See rejection of claim 4) for use in a non-combustion heating type application (Paragraph [0036], [0079]). LAUENSTEIN doesn’t explicitly disclose the non-combustion heating-type device. INAGAKI et al. discloses a non-combustion flavor inhalation article that includes a heating device including a heater to be heated to a temperature that aerosolizes a tobacco sheet in contact with the heater (Abstract; Paragraphs [0009]-[0012]; Figures 1-4) so that enjoyment of flavor is enabled without giving any care of annoyance to neighbors. It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the heating device that heats the tobacco-containing segment of LAUENSTEIN, as taught by INAGAKI et al. so that enjoyment of flavor is enabled without giving any care of annoyance to neighbors
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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