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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hollow tubular element must be shown or the feature(s) canceled from the claim(s) (claims 25 and 26). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 17 recites three or more portions – which does not further limit the subject matter of claim 16 in that claim 16 recites a plurality of portions. The phrase “a plurality of portions” indicates two or more portions which includes three portions.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 16-30 are 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 is considered to be indefinite: the claim recites a plurality of portions and then further limits the claim to two portions (separated by one or more separators) while still using “comprising” claim language such that it is unclear how may portions are required.
Claim 17 is considered to be indefinite: since claim 17 does not further limit claim 16, it is unclear how many portions are intended to be present.
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.
(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 16-30 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Conner (US 2021/020555a A1).
Claim 16: Conner teaches an aerosol-generating article, having a proximal end and a distal end, the aerosol-generating article comprising:
●a plurality of portions 222A of aerosol-generating substrate (for example – to) arranged
in a series along a longitudinal direction of the aerosol-generating article
●a first barrier (or separator) 224A located between the plurality of portions 222A and
the distal end of the aerosol-generating article
●one or more separators (or barriers) 224A
The plurality of portions 222A comprise two portions 222A that are separated from one another by at least one of the one or more separators 224A. The first barrier 224A and the one or more separators 224A are substantially air-impermeable (for example – solid disk of stainless steel) (paras 111-117). Conner teaches the following:
Distal-End / 224A / 222A / 224A / 222A / 224A / 222A / Proximal-End
This arrangement illustrates a separator 224A between the distal end and a plurality of portions 222A.
Claim 17: the aerosol-generating article according to claim 16, wherein the plurality of portions 222A comprises three or more portions 222A.
Claim 18: the aerosol-generating article according to claim 16, wherein each of the plurality of portions 222A in the series is separated from other portions 222A in the series by at least one of the one or more separators 224A.
Claim 19: the aerosol-generating article according to claim 16, wherein the plurality of portions 222A comprises n portions 222A (for example: n=5), and the aerosol-generating article comprises n-1 separators 224A (n-1 = 5-1 = 4).
Claim 20: the aerosol-generating article according to claim 16, wherein the first barrier 224A is located at the distal end of the aerosol-generating article.
Claim 21: the aerosol-generating article according to claim 16, further comprising a second barrier 224A located between the plurality of portions 222A and the proximal end of the aerosol-generating article, wherein the second barrier 224A is substantially air-impermeable (for example – solid disk of stainless steel). Conner teaches the following:
Distal-End / 224A / 222A / 224A / 222A / 224A / 222A / Proximal-End
This arrangement illustrates a barrier 224A between the proximal end and a plurality of portions 222A.
Claim 22: the aerosol-generating article according to claim 16, further comprising a hollow cavity 226A extending along the longitudinal direction of the aerosol-generating article, wherein the plurality of portions 222A and the one or more separators 224A are located about a perimeter of the hollow cavity 226A (Fig5, for example).
Claim 23: the aerosol-generating article according to claim 22, wherein the plurality of portions 222A and the one or more separators 224A have substantially annular transverse cross-sections, and the plurality of portions 222A and the one or more separators 224A circumscribe the hollow cavity 226A (Fig5, for example).
Claim 24: the aerosol-generating article according to claim 23, wherein the hollow cavity 226A is defined by internal annular surfaces of the plurality of portions 222A the one or more separators 224A (Fig5, for example).
Claim 25: the aerosol-generating article according to claim 22, further comprising a hollow tubular element extending along the longitudinal direction of the aerosol-generating article, wherein the hollow cavity 226A is defined by an internal surface (surfaces of portions 222A and barriers (separators) 224A) of the hollow tubular element.
Claim 26: the aerosol-generating article according to claim 25, wherein the hollow tubular element comprises an air-permeable wall circumscribing the hollow cavity 226A (for example – that of the solid disk of stainless steel).
Claim 27: the aerosol-generating article according to claim 16, wherein each of the plurality of portions 222A has substantially a same composition (para 24).
Claim 28: the aerosol-generating article according to claim 16, wherein the plurality of portions 222A comprises at least two portions 222A having a different composition from one another (para 24).
Claim 29: the aerosol-generating article according to claim 16, wherein at least one of the plurality of portions 222A comprises tobacco material.
Claim 30: the aerosol-generating article according to claim 16, further comprising an air-permeable wrapper 224C (for example – solid disk of stainless steel) that circumscribes the plurality of portions 222A and the one or more separators 224A.
Prior Art of Record
The following prior art is made of record: Crump teaches a delivery device having tobacco portions in series. Hejazi teaches a delivery device having tobacco portions. Townsend teaches a cigarette rod having four separate sections. Zuber teaches a delivery device having two aerosol generating areas. Ellis teaches a smoking device having plugs 51 of tobacco.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phil 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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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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