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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JONES et al. (WO 2020/058468).
Jones teaches a vaporizable liquid (abstract) for a smoking substitute apparatus, the vaporisable liquid comprising vegetable glycerine (page 6 lines 19), propylene glycol (page 6 line 3), and water (page 6 line 9). Jones teaches the vaporisable liquid comprises 0.1 to 7% water (page 6 line 10) which overlaps with the claimed range of less than 5 wt% water. Jones teaches the ratio by mass of propylene glycol to vegetable glycerine is within the range of 10:90 to 90:10 (page 6 line 4) which overlaps with the claimed range of at least 30:70.
Regarding claim 2, Jones teaches the vaporisable liquid comprises 0.1 to 7% water (page 6 line 10) which incorporates with the claimed range of between 0.25 wt% and 5 wt% water.
Regarding claim 3, Jones teaches the ratio by mass of propylene glycol to vegetable glycerine is within the range of 10:90 to 90:10 (page 6 line 4) which overlaps with the claimed range of at least 60:40.
Regarding claim 4, Jones teaches the ratio by mass of propylene glycol to vegetable glycerine is within the range of 10:90 to 90:10 (page 6 line 4) which incorporates the claimed range of the ratio by mass of propylene glycol to vegetable glycerine is between 30:70 and 40:60.
Regarding claim 5, Jones teaches the ratio by mass of propylene glycol to vegetable glycerine is within the range of 10:90 to 90:10 (page 6 line 4) which incorporates the values of 35:65.
Regarding claim 6, Jones teaches the vaporisable liquid comprises 0.1 to 7% water (page 6 line 10) which overlaps with with the claimed range of less than 0.25% water.
Regarding claim 7, Jones teaches the vaporisable liquid further comprises nicotine (page 5 line 17).
Regarding claim 8, Jones teaches the vaporisable liquid comprises at least 0.1mg/ml nicotine (page 5 line 18) and not more than 5.5 mg/ml (page 6 lines 24-25) which overlaps with the claimed range of 5% or less by mass nicotine. Jones teaches that the liquid may comprise only vegetable glycerine, propylene glycol, water and nicotine (page 13 lines 21-30) which reads on a total mass of vegetable glycerine, propylene glycol, water and nicotine being 100%.
Regarding claim 9, Jones teaches a smoking substitute kit (figure 3b) comprising a vaporisable liquid (156); and a smoking substitute apparatus (120 and 150) for generating an aerosol from the vaporisable liquid.
Regarding claim 10, Jones teaches that the smoking substitute kit further comprising a flavour delivery article for delivering a flavour to a user (page 5 lines 4-5).
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(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JONES et al. (WO 2020/058468) in view of JONES et al. (EP 3692841).
Jones WO 2020/0258468 (herein referred to as Jones WO) teaches a vaporizable liquid (abstract) for a smoking substitute apparatus, the vaporisable liquid comprising vegetable glycerine (page 6 lines 19), propylene glycol (page 6 line 3), and water (page 6 line 9). Jones WO teaches the vaporisable liquid comprises 0.1 to 7% water (page 6 line 10) which overlaps with the claimed range of less than 5 wt% water. Jones WO teaches the ratio by mass of propylene glycol to vegetable glycerine is within the range of 10:90 to 90:10 (page 6 line 4) which overlaps with the claimed range of at least 30:70.
Jones EP 3692841 (herein referred as Jones EP) teaches a vaporizable liquid (104 in figure 1C) for a smoking substitute apparatus, the vaporisable liquid comprising vegetable glycerine (para. 0030) and propylene glycol (para. 0030) Jones EP teaches a smoking substitute kit (figure 1C) comprising a vaporisable liquid (104); and a smoking substitute apparatus (109) for generating an aerosol from the vaporisable liquid. Jones EP teaches that the smoking substitute kit further comprising a flavour delivery article (abstract) for delivering a smell and/or a flavour to a user. Jones EP teaches the flavour delivery article comprises a scented substrate (abstract). Jones EP teaches the flavour delivery article comprises a sticker (para. 0024); wherein one of ordinary skill in the art would have recognized that a sticker inherently comprises an adhesive portion for adhering the sticker to a surface of the smoking substitute apparatus. Jones EP teaches a flavoured portion having a scented substrate (para. 0024).
It would have been obvious to one of ordinary skill to modify the kit of Jones WO to include the flavor delivery sticker of Jones EP because Jones EP teaches that it is desirable to supplement the taste sensation of a vaporizable liquid by a flavorant located elsewhere on the smoking substitute body (para. 018).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JONES et al. (WO 2020/058468) in view of JONES et al. (EP 3692841) as applied to claim 11 above, and further in view of HOGG et al. (EP 3811790).
Jones WO and modified by Jones EP teaches a smoking substitute kit having a sticker with a scented substrate.
Hogg teaches a smoking substitute kit (301 in figure 3) comprising a vaporisable liquid (104 in figure 1C); and a smoking substitute apparatus (109 in figure 1C) for generating an aerosol from the vaporisable liquid. Hogg teaches that the smoking substitute kit further comprising a flavour delivery article (abstract) for delivering a smell and/or a flavour to a user. Hogg teaches the flavour delivery article comprises a scented substrate (abstract). Hogg teaches the flavour delivery article comprises a disintegrant (para. 0034) and the scented substrate comprises from 1 wt% to 5 wt% of the disintegrant (para. 0034). It would have been obvious to one of ordinary skill in the art to modify the scented substrate of Jones with a disintegrant because Hogg teaches a disintegrant used to allow or promote release of the excipients, such as the flavourant, (para. 0035).
Regarding claim 15, Hogg teaches the scented substrate is in the form of granules comprising embedded flavourant (para. 0021). It would have been obvious to one of ordinary skill in the art to modify the scented substrate of Jones to be in the form of granules comprising embedded flavourant as taught by Hogg because Hogg teaches that use of a granulated composition or granules minimizes segregation, dust, improves flowability and provides uniform distribution of excipients (para. 0024).
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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