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, 3-9, 11, 15-16, 18, 23-30 are pending and are subject to this Office Action. Claims 2, 10, 12-14, 17, 19-22, and 31-66 are canceled. This is the first Office Action on the merits of the claims.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract of the disclosure is objected to because
Line 1: "consumable [[(24]])" should read "consumable [[(24)]]"
Line 4: "cover [[(28]])" should read "cover [[(28)]]"
Line 7: "surface [[(38]])" should read "surface [[(38)]]"
Line 7: zones [[(40]])" should read "zones [[(40)]]"
Line 9 : "surface [[(38]])" should read "surface [[(38)]]"
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 25 is objected to because of the following informalities:
Line 3: “embossing or debossing or folding” should read “embossing, debossing, or folding”
Appropriate correction is required.
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 16 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.
Claim 16 recites the limitation "at least one of the passages" in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examining, “at least one of the passages” will be interpreted as “at least one passage”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 4, 5, 6, 7, 8, 15, 16, 18, and 24 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Edward (US 20180271153 A1).
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With regard to Claim 1, Edward teaches (i) a receptacle (Fig. 8a: #70) comprising a flat plate (Fig. 8a: #72), aerosol generating material (Fig. 8a: #9), and a blister pack (Fig. 8a: #74, [0087]). (ii) A top surface of the flat plate (Fig. 8b: #72) is covered by the blister pack (Fig. 8b: #74). (ii) The blister pack (Fig. 8a: #74) defines a lid (Fig. 8b: “L”, [0087]). (iii) The blister pack (Fig. 8a: #74) is configured to overlie and be attached to the top surface of the flat plate (Fig. 8b: #72, [0089]). the top surface of the flat plate (Fig. 8b: #72). (iv) The blister pack (Fig. 8b: #74) comprises a plurality of blisters (Fig. 8b: #76) arranged on the flat plate (Fig. 8b: #72, [0087]), each containing a piece of aerosol generating material (Fig. 8a: #9).
(v) Each piece of aerosol generating material (Fig. 8a: #9) in blisters (Fig. 8b: #76) located on the flat plate (Fig. 8b: #72, [0087]). (vi) Figure 8b illustrates wherein the lid (Fig. 8b: “L”) is a three-dimensional structure. Further, the blisters (Fig. 8b: #76) are formed of generally hemispherical and arranged in an array [0087]. One would find it inherent that a hemisphere is a three-dimensional geometric shape. (vii) The top surface of the flat plate (Fig. 8b: #72) and the lid (Fig. 8b: “L”) are configured so that the lid (Fig. 8b: “L”) is distanced from the top surface of the flat plate (Fig. 8b: #72) such that there is no contact between the aerosol generating material (Fig. 7a: #9) and the lid (Fig. 8b: “L”, [0087 & 0090]). (viii & ix) The top surface of the flat plate (Fig. 8a: #72) and the lid defined by the blister pack (Fig. 8b: #74) may be attached indirectly through adhesives (Fig. 8b: #80), [0090]).
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With regard to Claim 3, Edward teaches wherein the top surface of the flat plate (Fig. 8b: #72) and the lid (Fig. 8b: “L”) are configured so that each blister (Fig. 8b: #76) comprises one or more holes (Fig 8b: #76a) to create a passage for allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the cavity (Fig. 8b: #78, [0092]).
With regard to Claim 4, Edward teaches wherein each cavity (Fig. 8b: #78) is located in an airflow path of the one or more holes (Fig. 8b: #76a) to the cavity (Fig. 8b: #78), allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the consumable [0092].
With regard to Claim 5, Edward teaches wherein (i) the lid (Fig. 8b: "L") has a perimeter that extends around the edges of the top of the flat surface (Fig. 8b: #72, [0087 & 0094]). (ii) The lid (Fig. 8b: "L") comprises an open hole (Fig. 8b: #76a) on the left side of the lid (Fig. 8b: "L") and partially defined by a part of the perimeter of the lid (Fig. 8b: "L"), which creates a passage for allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the cavity (Fig. 8b: #78, [0092]).
With regard to Claim 6, Edward teaches wherein the lid (Fig. 8b: "L") comprises a second hole on the right side of the lid (Fig. 8b: "L"), partially defined by a part of the perimeter of the lid (Fig. 8b: "L"), which creates another passage for allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the cavity (Fig. 8b: #78, [0092]).
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With regard to Claim 7, Edward teaches wherein (i) the open hole (fig. 8b: #76a) on the left side of the lid (Fig. 8b: "L") creates a passage for allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the cavity (Fig. 8b: #78, [0092]). (ii) The open hole (Fig. 8b: #76a) extends through the lid (Fig. 8b: "L”, [0092]).
With regard to Claim 8, Edward teaches wherein (i) the open hole (fig. 8b: #76a) on the right side of the lid (Fig. 8b: "L") creates a passage for allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the cavity (Fig. 8b: #78, [0092]). (ii) The open hole (Fig. 8b: #76a) extends through the lid (Fig. 8b: "L”, [0092]).
With regard to Claim 15, Edward teaches wherein the flat plate (Fig. 8b: 372), and the lid (Fig. 8b: "L") form cavities (Fig. 8b: #78) within each blister [0087]. (ii) The cavities (Fig. 8b: #78) are configured such that there is no contact between the aerosol generating material (Fig. 8b: #9) and the lid (Fig. 8b: "L") defined by the blister pack (Fig. 8b: #74), as seen in Figure 8b.
With regard to Claim 16, Edward teaches wherein each cavity (Fig. 8b: #78) is located in the passage of allowing aerosol generated from the aerosol generating material (Fig. 8b: #9) to exit the consumable [0092].
With regard to Claim 18, Edward teaches wherein the top surface of the flat plate (Fig. 8a: #72) and the lid (Fig. 8b: “L”), defined by the blister pack (Fig. 8b: #74), may be attached indirectly through adhesives (Fig. 8b: #80), [0090]).
With regard to Claim 24, Edward teaches the flat plate (Fig. 8b: #72, [0087]).
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.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Edward (US 20180271153 A1), as applied to claims 1 and 3 above, and further in view of Lawson (US 20200352242 A1, as cited in IDS dated 02/05/2024).
With regard to Claim 9, Edward teaches all the limitations of the claims as set forth above, however Edward is silent to:
Wherein at least one end of at least one passage is open and opens into another passage
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Lawson, directed to a replaceable substrate component, teaches an air inlet (Fig. 8: #122) defined by a chamfered free end (Fig. 8: #130) and aperture (Fig. 8: #100B, [0057]) that moves air through a conduit (Fig. 8: #100, [0057]), meeting the claim limitation of a passage. Air being drawn through the inlet (Fig. 8: #122) may be directed to a secondary pathway without flowing through the conduit to increase the tolerability of the resulting volume of aerosol generating material inhaled by a user [0061].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the consumable of Edward to wherein at least one end of at least one passage is open and opens into another passage because both Edward and Lawson are directed to aerosol generating articles. Lawson teaches an air inlet that moves air through a conduit and secondary pathway to increase the tolerability of the resulting volume of aerosol generating material inhaled by a user [0061] and this merely involves applying a known airflow technique to a known article ready for improvement to yield predictable results.
Claims 11 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Edward (US 20180271153 A1), as applied to claims 1 and 3 above.
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With regard to Claim 11, Edward teaches wherein the blister pack (Fig. 8b: #74) comprises a plurality of blisters (Fig. 8b: #76), each defining one or more open holes (Fig. 8b: #76a) and cavities (Fig. 8b: #78, [0087]), and are separate by sealed side areas of the blister pack (Fig. 8b: #74) through adhesives (Fig. 8b: #80, [0090]). One of ordinary skill in the art would find it obvious that since each blister (Fig. 8a: #76) is arranged next to each other and each blister (Fig. 8a: #76) comprises a passage defined by an open hole (Fig. 8b: #76a) and cavity (Fig. 8b: #78), the adhesives (Fig. 8b: #80) would be located in between the separate blister portions (Fig. 8b: #76) each comprising their own passage.
With regard to Claim 28, Edward teaches wherein the blister pack may be made of suitable polymer or laminated films [0088]. One of ordinary skill in the art would have understood that such films are provided as thin sheet material.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Edward (US 20180271153 A1), as applied to claim 1 above, and further in view of Fensham (US 20060231447 A1).
With regard to Claim 23, Edward teaches wherein the flat plate and lid are attached to each other [0087]. Edward teaches all the limitations of the claims as set forth above, however, Edward is silent to:
Wherein the support and cover are held in a fixed relationship to each other by at least one wrapping element wrapped around the support and the cover
Fensham, directed to a blister pack for smoking articles, teaches an overwrap film that may be packaged over two overlying blister packs [0079]. One of ordinary skill in the art would have been motivated to combine the support and cover of Edward with the overwrap of Fensham to maintain the components together in a compact and stable package [0082].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the support and cover of Edward to wherein the support and cover are held in a fixed relationship to each other by at least one wrapping element wrapped around the support and the cover because both Edward and Fensham are directed to blister packs. Fensham teaches an overwrap film applied to blister packs to maintain the components together in a compact and stable package [0082] and this merely involves combining prior art elements according to known stability techniques to yield predictable results.
Claims 25, 26, 27, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Edward (US 20180271153 A1), as applied to claim 1 above, and further in view of Iadanza (CN 112218548 A, hereinafter citations referring to English language equivalent US 20201244079 A1).
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With regard to Claim 25, Edward teaches the flat plate (Fig. 8b: #72) and the lid (Fig. 8b: "L") defined by the blister pack (Fig. 8b: #74, [0087]). Edward teaches all the limitations of the claims as set forth above, however, Edward is silent to:
Wherein the three dimensional configuration of one or both of the covered portion of the support surface and the cover surface is the result of one of molding, embossing, or debossing or folding one or both of the covered portion of the support and the cover
Iadanza, directed to an aerosol generating article, teaches wherein embossing creates a pattern of raised and indented portions of material [0015]. One of ordinary skill in the art would find it obvious to combine the structure of the support and cover surface of Edward with the embossing technique of Iadanza to improve seam integrity and reduce separation or opening of the components [0149 & 0155].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the covered portion of the support surface and the cover surface to wherein the three dimensional configuration of one or both of the covered portion of the support surface and the cover surface is the result of one of molding, embossing, debossing, or folding one or both of the covered portion of the support and the cover because both Iadanza and Edward are directed to improve adhesion in aerosol generating articles. Iadanza teaches embossing to improve seam integrity and reduce separation or opening of the components [0149 & 0155] and this merely involves combining prior art elements according to known sealing methods to yield predictable results.
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With regard to Claim 26, Edward teaches the flat plate (Fig,. 8b: #72) and the lid (Fig. 8b: "L") defined by the blister pack (Fig. 8b: #74, [0087]). Edward teaches all the limitations of the claims as set forth above, however, Edward is silent to:
Wherein the three dimensional configuration of one or both of the covered portion of the support surface and the cover surface is the result of one of embossing or debossing one or both of the covered portion of the support and the cover
Iadanza, directed to an aerosol generating article, teaches wherein embossing creates a pattern of raised and indented portions of material [0015]. One of ordinary skill in the art would find it obvious to combine the structure of the support and cover surface of Edward with the embossing technique of Iadanza to improve seam integrity and reduce separation or opening of the components [0149 & 0155].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the covered portion of the support surface and the cover surface to wherein the three dimensional configuration of one or both of the covered portion of the support surface and the cover surface is the result of one of molding, embossing, debossing, or folding one or both of the covered portion of the support and the cover because both Iadanza and Edward are directed to improve adhesion in aerosol generating articles. Iadanza teaches embossing to improve seam integrity and reduce separation or opening of the components [0149 & 0155] and this merely involves combining prior art elements according to known sealing methods to yield predictable results.
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With regard to Claim 27, Edward teaches the flat plate (Fig,. 8b: #72) and the lid (Fig. 8b: "L") defined by the blister pack (Fig. 8b: #74, [0087]). Edward teaches all the limitations of the claims as set forth above, however, Edward is silent to:
Wherein the three dimensional configuration of one or both of the support and the cover surface is the result of folding one or both of the covered portion of the support and the cover
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Iadanza teaches wherein an edge of a wrapper and an embossed portion (Fig. 1e: #5) are folded in opposite horizontal directions onto the aerosol generating substrate [0148]. As shown in Figure 1e, the wrapper progresses from a planar web to a closed three dimensional structure through folding. One of ordinary skill in the art would have been motivated to apply the folding technique of Iadanza to the support and cover surface of Edward to improve adhesion between components of the consumable of Edward [0148].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify support surface and cover surface of Edward to wherein the three dimensional configuration of one or both of the support and the cover surface is the result of folding one or both of the covered portion of the support and the cover because both Edward and Iadanza are directed to improving adhesion in aerosol generating articles. Iadanza teaches a wrapper folded in opposite horizontal directions to improve adhesion between components of the article [0148] and this merely involves applying a known folding technique to a known article ready for improvement to yield predictable results.
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With regard to Claim 29, Edward teaches wherein (i) the top surface of the flat plate (Fig. 8b: #72) comprises multiple blister portions (Fig. 8b: #76, [0087]). One of ordinary skill in the art would find it obvious that any of the multitude of blisters (Fig. 8b: #76) could be the second portion. (ii) Each blister (Fig. 8b: #76) covers a respective part of the surface of the flat plate (Fig. 8b: #72) with the lid (Fig. 8b: “L”, [0087]). Edward teaches all the limitations of the claims as set forth above, however Edward is silent to:
Wherein the support and support surface are so configured that the support can be folded into a folded configuration
Wherein the second portion of the support surface overlies the second cover surface when the support is in the folded configuration
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Iadanza teaches wherein (i) an edge of a wrapper and an embossed portion (Fig. 1e: #5) are folded in opposite horizontal directions onto the aerosol generating substrate [0148]. As shown in Figure 1e, the wrapper progresses from a planar web to a closed three dimensional structure through folding. (ii) The wrapper is folded around an aerosol-forming substrate such that a first edge portion overlaps a second portion of the wrapper [0026]. One of ordinary skill in the art would have found it obvious to apply the folded configuration of Iadanza to the support and cover surface of Edward to increase adhesion strength and overall integrity of the article [0155].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the support and support surface of Edward to wherein the support and support surface are so configured that the support can be folded into a folded configuration and wherein the second portion of the support surface overlies the second cover surface when the support is in the folded configuration because both Edward and Iadanza are directed to improving adhesion in aerosol generating articles. Iadanza teaches a folded wrapper with overlapping portions to increase adhesion strength and overall integrity of the article [0155] and this merely involves combining prior art elements according to known fixing techniques to yield predictable results.
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With regard to Claim 30, Edward teaches wherein (i) the top surface of the flat plate (Fig. 8b: #72) comprises multiple blister portions (Fig. 8b: #76), each comprising aerosol generating material (Fig. 8b: #9, [0087]). One of ordinary skill in the art would find it obvious that any of the multitude of blisters (Fig. 8b: #76) could be the second portion. (ii) Each portion of aerosol generating material (Fig. 8b: #9) is supported on a top surface of the flat plate (Fig. 8b: #72) within an individual blister portion (Fig. 8b: #76, [0087]).
(iii) Figure 8b illustrates wherein the lid (Fig. 8b: “L”) is a three-dimensional structure. Further, the blisters (Fig. 8b: #76) are formed of generally hemispherical and arranged in an array [0087]. One of ordinary skill in the art would know that a hemisphere is a three-dimensional geometric shape. (iv) The top surface of the flat plate (Fig. 8b: #72) and the lid (Fig. 8b: “L”) are configured so that at each blister (Fig. 8b: #76), the lid is distanced from the top surface of the flat plate (Fig. 8b: #72) such that there is no contact between the aerosol generating material (Fig. 7a: #9) and the lid (Fig. 8b: "L") defined by the blister pack (Fig. 8b: #74, [0087 & 0090]). (v and vi) The top surface of the flat plate (Fig. 8a: #72) and the lid defined by the blister pack (Fig. 8b: #74) may be attached indirectly through adhesives (Fig. 8b: #80), [0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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