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
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.
Claims 1-3, 5-9, 12-15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonici (US 20150313281).
Regarding claim 1, Bonici discloses an aerosol generation article (see smoking article 2), comprising:
a substrate section (see aerosol-forming substrate 6), an airway section (airflow direction element 8 and expansion chamber 10), and a filter section (mouthpiece 12 with plug 36, [0352]) connected in sequence and in communication with each other (see embodiments of Figs. 1-6), the substrate section having a cavity with one closed end, the cavity being configured to store an aerosol generation substrate (substrate 6 contains plug of tobacco material, [0343]--the plug is stored within the cavity of the substrate; cavity is closed at end via barrier coating 20);
an air inlet hole arranged on a side wall of the airway section, the air inlet hole and the substrate section being arranged at an interval (see air inlets 32 spaced from substrate);
an airflow guiding element arranged in the airway section (see airflow directing element 8);
a first inhaling channel arranged in the airflow guiding element, the first inhaling channel being in communication with the opening of the cavity (see flow channel defined by tube 24 or cone 52); and
an airflow guiding channel formed between a side wall of the airflow guiding element and a side wall of the airway section (see flow channel adjacent the inlets formed by tube 24 or cone 52), and the airflow guiding channel being in communication with the cavity, the airflow guiding channel being configured to guide airflow entering the air inlet hole to the cavity to take away aerosols at an end close to the airflow guiding element in the cavity (see airflow arrows in Figs. 1-6 wherein air passed into the substrate cavity and then into interior of the tube/cone; [0353-0356]).
Regarding claim 2, Bonici discloses the airflow guiding element comprises a seal portion (see seal 26), an airflow guiding portion (portion defined by tube 24 and wall 30), and a communication portion arranged coaxially (portion of tube extending into substrate, see Fig. 2),
wherein the first inhaling channel penetrates through the seal portion, the airflow guiding portion, and the communication portion (interior of tube defines channel extending through these portions),
wherein an outer side surface of the seal portion abuts against an inner side surface of the airway section (see Fig. 2 where seal 26 abuts against the inner side of wall 14),
wherein at least part of outer side surfaces of the airflow guiding portion and the communication portion and an inner side surface of the airway section are arranged at intervals to form the airflow guiding channel (parts are spaced at intervals), and
wherein the communication portion is in communication with the opening of the cavity (see Fig. 2, see airflow arrows).
Regarding claim 3, see Fig. 2 and mapping discussed above.
Regarding claim 5, in Fig. 3 embodiment, the airflow guiding element is construed as having a seal portion (end portion of cone connecting to the outer diameter, sealing the airflow path), an airflow guiding portion (middle cone section), and a communication portion (portion extending to the substrate) with the first inhaling channel extends through the portions. The outer diameter of the air guiding portion is larger than the outer diameter of the communications portions due to the conical shape.
Regarding claim 6, the outer diameter of the airflow guiding portion stays the same in Fig. 2 and gradually increases in Fig. 3.
Regarding claim 7, the outer diameter at a joint between the airflow guiding portion of the seal portion gradually decreases in the filter-to-substrate direction (see Fig. 3 embodiment).
Regarding claim 8, the joint is perpendicular (Fig. 2 embodiment).
Regarding claim 9, the outer side surface of a joint between the airflow guiding portion of the seal portion comprises a tapered surface (see Fig. 3 embodiment, forms conical shape).
Regarding claim 12, Bonici discloses the airflow guiding element comprises a seal portion (seal 26) and an airflow guiding portion (tube 24) arranged coaxially, the first inhaling channel penetrating through the seal portion and the airflow guiding portion (channel defined by tube),
wherein an outer side surface of the seal portion abuts against an inner side surface of the airway section (see Fig. 2, seal 26 abuts against wrapper 14),
wherein an outer side surface of the airflow guiding portion and an inner side surface of the airway section are arranged at an interval to form the airflow guiding channel (spaced apart, Fig. 2), and
wherein the airflow guiding portion is in communication with the opening of the cavity (extends to cavity of substrate, Fig. 2).
Regarding claim 13, the tube 24 reads on an airflow guiding element (Bonici discloses single component, [0347]).
Regarding claim 14, Bonici discloses a first support element (see expansion chamber 10) arranged between the filter section and airflow guiding element and defining a second inhaling channel (interior of chamber). Alternatively, seal 26 can be construed as the first support element.
Regarding claim 15, Bonici discloses a second support element (see plug 54) arranged in the airway section and between the airflow guiding element and substrate. Plug is provided with a third inhaling channel (air permeable [0367], see airflow path in Fig. 3).
Regarding claim 18, the outer side surface the airflow guiding element comprises a tapered surface (see Fig. 3 embodiment, forms conical shape).
Claims 1 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Selby (CA 3132684).
Regarding claim 1, Selby discloses an aerosol generation article (see smoking article 2), comprising:
a substrate section (see aerosol-forming substrate 20), an airway section (annular cavity 140), and a filter section (see 90 with filter 120) connected in sequence and in communication with each other (see embodiment of Fig. 36), the substrate section having a cavity with one closed end, the cavity being configured to store an aerosol generation substrate (substrate 20 contains tobacco material; cavity is closed at end via impermeable material 112);
an air inlet hole arranged on a side wall of the airway section, the air inlet hole and the substrate section being arranged at an interval (exterior perforations 70);
an airflow guiding element arranged in the airway section (see cone 130);
a first inhaling channel arranged in the airflow guiding element, the first inhaling channel being in communication with the opening of the cavity (see flow channel defined inside cone); and
an airflow guiding channel formed between a side wall of the airflow guiding element and a side wall of the airway section (see flow channel adjacent the cone 130), and the airflow guiding channel being in communication with the cavity, the airflow guiding channel being configured to guide airflow entering the air inlet hole to the cavity to take away aerosols at an end close to the airflow guiding element in the cavity (see airflow arrows in Fig. 36 wherein air passed into the substrate cavity and then into interior of the cone).
Regarding claim 13, cone is single piece.
Claim Rejections - 35 USC § 103
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bonici (US 20150313281) as applied to claim 2 above, and further in view of Selby (CA 3132684).
Regarding claim 11, Bonici discloses a communication pipe (see tube 24), but does not disclose vent holes. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the communication pipe (tube 24) of Bonici with ventilation holes since Selby, similarly directed towards an aerosol generating article, teaches providing the hollow tube within the article with perforations 70, 150 to provide additional control of cooler, ambient air into the HNB cigarette (pg 12, 13).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Bonici (US 20150313281) as applied to claim 14 above, and further in view of Tucker (US 20150027469).
Regarding claim 16, Bonici does not expressly disclose the airflow guiding element as comprising a groove or protrusion for being snap-fitted with the first support element; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the airflow guiding element as claimed since (1) Bonici discloses the airflow guiding element as assembled by connecting together ([0347]) and (2) Tucker, similarly directed towards aerosol generating devices, teaches coupling together parts of a smoking article by using snap-fit connections ([0021,0057]; snap-fit connections rely on protrusion/groove structures to 'snap' together). One would have been motivated to employ a conventional connection structure known to be suitable for connecting parts.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Selby (CA 3132684).
Regarding claim 17, Selby discloses an aerosol generating apparatus (pg 6, lines 17-31) wherein the heating apparatus can use any known method including electromagnetic induction. While Selby does not expressly disclose a power supply and electromagnetic coil, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the apparatus with power supply and electromagnetic coil since Examiner takes Official Notice that is very well known and conventional in the aerosol-generating device art to employ a power supply and electromagnetic coil for electromagnetic induction heating (induction heating relies on passing alternating current through a coil).
Allowable Subject Matter
Claims 4 and 10 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the prior art of record fails to teach or suggest the outer diameter of the airflow guiding portion and an outer diameter of the communication portion are equal to an outer diameter of the seal portion and one or more grooves arranged on the outer surface of the airflow guiding portion and the outer surface of the communication portion as claimed.
Regarding claim 10, the prior art of record fails to further teach or suggest the communication portion comprises a plurality of support bars, and where the plurality of support bars are arranged at intervals along a circumference of the airflow guiding portion to achieve communication between the airflow guiding channel and the cavity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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