DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s election filed August 10, 2026. Claims 23, 29-32, 35, 38-39, and 43 have been elected for examination. Claims 1, 3, 8-11, 17-18, 20, 22, and 44 are withdrawn.
Election/Restrictions
Claims 1, 3, 8-11, 17-18, 20, 22, and 44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected methods, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 10, 2026.
Applicant’s right to rejoinder and a divisional are acknowledged.
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 23, 29-32, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20080216847 A1 (hereinafter DEMMER).
Regarding claim 23, DEMMER discloses tobacco portion packs with a wrapper and opening devices (abstract). DEMMER discloses aerosol generating material (fine cut tobacco, ¶1, ¶81-¶82) and a carrier (Fig. 17, portion pack 180, ¶81), in which: the carrier comprises a base layer (Fig. 17, blister part 184, ¶81) and a carrier layer (Fig. 17, film 185, ¶81). DEMMER discloses the carrier layer is releasably attached to the base layer (¶81, by adhesive bonding or sealing). DEMMER discloses that the film or foil can easily be pulled off the blister part (¶83). DEMMER further discloses at least one discrete portion of aerosol generating material is supported on a support surface (Fig. 17, bottom of each cavity 186, ¶81) of the carrier layer.
Regarding claim 29, DEMMER discloses the product of claim 23 as discussed above. JOHN further discloses the carrier layer comprises an adhesive backed sheet material (¶51), and the adhesive backed sheet material comprises at least one of paper, card, a plastics material, or a metallic material (¶81). DEMMER discloses that the flat plate may be a paper, film, or foil. Since applicant has recited a list and “or” as long as the prior art discloses one of the items on the list the claim limitation is met.
Regarding claim 30, DEMMER discloses the product of claim 23 as discussed above. DEMMER further discloses the carrier comprises at least one line of separation, in which the at least one line of separation is a predetermined line along which at least part of the carrier will separate or tear. DEMMER discloses that the portion pack can be subdivided by perforation lines such that tearing along the lies allows individual cavities to be detached (¶84).
Regarding claim 31, DEMMER discloses the product of claim 30 as discussed above. DEMMER further discloses the at least one line of separation is a predetermined line along which the carrier layer will separate or tear. DEMMER discloses that the portion pack can be subdivided by perforation lines such that tearing along the lies allows individual cavities to be detached (¶84).
Regarding claim 32, DEMMER discloses the product of claim 30 as discussed above. DEMMER further discloses the at least one line of separation comprises a line of perforations or a cut line. DEMMER discloses that the portion pack can be subdivided by perforation lines such that tearing along the lines allows individual cavities to be detached (¶84).
Regarding claim 35, DEMMER discloses the product of claim 29 as discussed above. DEMMER further discloses at least one line of separation extends between at least two discrete portions of aerosol generating material. DEMMER discloses that the portion pack can be subdivided by perforation lines such that tearing along the lies allows individual cavities to be detached (¶84).
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.
Claims 38-39 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over DEMMER as applied to claim 23 and in further view of US 20060231447 A1 (hereinafter FENSHAM).
Regarding claim 38, DEMMER discloses the product of claim 23 as discussed above. DEMMER further discloses the carrier is a longitudinally extending sheet of material (as shown in Fig. 17).
DEMMER does not disclose the carrier comprises at least one fold line, and the carrier is folded about the at least one of those fold lines.
FENSHAM teaches a blister pack with a plurality of individual sealed compartments containing an array of smoking articles (abstract). FENSHAM teaches that the blister pack has a fold line defining the troughs (¶18). FENSHAM teaches that the fold lines allow the sub-trays to be inwardly folded into a mutually nested position to define a cylindrical package (¶27). FENSHAM teaches that the fold lines constitute lines of weakness by being scored or perforated (¶36). Therefore at the fold lines the subtrays can be selectively torn away from the remaining subtrays (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified DEMMER to provide the carrier comprises at least one fold line, and the carrier is folded about the at least one of those fold lines as taught in FENSHAM. A person of ordinary skill in the art would obviously provide perforated fold lines separating the individual cavities. Doing so would allow for selectively tearing a portion from the remaining portions (FENSHAM ¶91).
Regarding claim 39, modified DEMMER discloses the product of claim 38 as discussed above. DEMMER does not disclose the at least one fold line corresponds to a separation line.
FENSHAM teaches a blister pack with a plurality of individual sealed compartments containing an array of smoking articles (abstract). FENSHAM teaches that the blister pack has a fold line defining the troughs (¶18). FENSHAM teaches that the fold lines allow the sub-trays to be inwardly folded into a mutually nested position to define a cylindrical package (¶27). FENSHAM teaches that the fold lines constitute lines of weakness by being scored or perforated (¶36). Therefore at the fold lines the subtrays can be selectively torn away from the remaining subtrays (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified DEMMER to provide the at least one fold line corresponds to a separation line as taught in FENSHAM. A person of ordinary skill in the art would obviously match the fold line to the separation line. Doing so would allow for selectively tearing a portion from the remaining portions (FENSHAM ¶91).
Regarding claim 43, DEMMER discloses the product of claim 23 as discussed above. DEMMER does not disclose a sheet of barrier material placed over the carrier layer and aerosol generating material.
FENSHAM teaches a blister pack with a plurality of individual sealed compartments containing an array of smoking articles (abstract). FENSHAM teaches that the use of a blown, co-extrudable, polyethylene multi-layer very high moisture barrier film (¶58) sealed to a PVC base. IN another embodiment, FENSHAM teaches that the multilayer film may have a polyester laminate with a byne sealant layer (¶69). FENSHAM teaches this can be further enhanced with a metallised layer to improve the moisture barrier and high quality printing to be applied (¶69).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified DEMMER to provide a sheet of barrier material placed over the carrier layer and aerosol generating material as taught in FENSHAM. A person of ordinary skill in the art would obviously provide additional layers. Doing so would improve moisture protection and enable printing (FENSHAM ¶58, ¶69).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20090308775 A1 to HESSION which disclose a child resistant blister package housing (abstract) with folding action at a score line (¶7) and perforations (¶49).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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