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 .
Election/Restrictions
Claims 17-20 and 27-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected groups I, III and IV, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/17/2026.
Applicant's election with traverse of group II, claims 21-26 in the reply filed on 8/17/2026 is acknowledged. The traversal is on the ground(s) that the reference of Campitelli does not disclose the features of claim 21. This is not found persuasive because White et al. (U.S 5105838) discloses the features of claim 21 as explained below.
The requirement is still deemed proper and is therefore made FINAL.
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 26 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 26 recites the limitation "the step of converging aerosol-generating material and a susceptor" in the first line of the instant claim 26. There is insufficient antecedent basis for this limitation in the claim.
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)(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.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by White et al. (U.S 5105838) incorporated by reference Hancock et al. (U.S 4893637).
Regarding claim 21, White discloses a method for manufacturing an aerosol-generating article, the method comprising the steps of:
conveying an aerosol-generating substrate through a sleeve converging device in a conveying direction; supplying a heat-insulating material comprising fibrous material to the sleeve converging device, such that the heat-insulating material is arranged circumferentially around the aerosol-generating substrate in the sleeve converging device; and converging the heat-insulating material to form a heat-insulating sleeve around the aerosol-generating substrate (see fig. 5 of White and fig. 11 of Hancock).
Regarding claim 22, White discloses the step of converging the heat-insulating material to form a heat-insulating sleeve around the aerosol-generating substrate takes place in parallel to the step of conveying the aerosol-generating substrate through the sleeve converging device in the conveying direction (see fig. 5 of White and column 3 of Hancock, these steps are taken in parallel so that the insulating material can be formed around the continuous aerosol-generating substrate in a continuous manner for high speed production).
Regarding claim 23, Hancock discloses the step of distributing the heat-insulating material equally circumferentially in the sleeve converging device to form a heat-insulating sleeve of uniform layer (corresponding to the claimed substantially constant thickness) (column 4, lines 40-60).
Regarding claim 24, Hancock discloses the step of supplying the heat-insulating material comprises guiding the heat-insulating material along a guiding system (fig. 11). .
Regarding claim 25, Hancock discloses the heat-insulating material is guided along a guide surface of the guiding system, and wherein the guide surface faces away from the aerosol-generating substrate (fig. 11).
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) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (U.S 5105838) incorporated by reference Hancock et al. (U.S 4893637) as applied to claim 26 above and further in view of Campittelli WO 2020127111.
Regarding claim 26, White does not expressly disclose the aerosol-generating substrate with an embedded susceptor. Campittelli discloses a susceptor is arranged in thermal contact with an aerosol forming substrate (corresponding to the claimed aerosol-generating substrate with an embedded susceptor) so that the aerosol-generating substrate can be heated up by the susceptor (page 53, lines 20-23). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add the step of converging aerosol-generating material and a susceptor to form the aerosol-generating substrate with an embedded susceptor so that the aerosol-generating substrate can be heat up by the susceptor as taught by Campitelli.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/ Examiner, Art Unit 1747
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