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. Claim 19 recites a hollow tubular element, wherein the downstream air channeling element is located between the rod of aerosol-generating substrate and the hollow tubular element (claim 19). The figures appear to only illustrate aerosol generating articles having a hollow tubular element or air channeling element (not combined). Therefore, an air channeling element located between the rod of aerosol generating substrate and hollow tubular element must be shown or the feature(s) canceled from the claim(s) (recited in claim 16). 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(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 17-29 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.
Claims 17-29 each recite "An aerosol-generating article according to claim 16" in the first line. Claim 16 is directed towards an "aerosol-generating system" that comprises an aerosol-generating article and an aerosol-generating device. It is unclear whether the dependent claims are intended to be limited to only the article itself or to the system (i.e., article and device).
Claims 21 and 22 each recite "a depth of a groove" in line 1. It is unclear how the groove is structurally related to the aerosol-generating system or article. It appears the claims are referring to the groove recited in claim 20.
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.
Claims 17-29 are 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.
Claims 17-29 each recite "An aerosol-generating article according to claim 16" in the first line. Claim 16 is directed towards an "aerosol-generating system" that comprises an aerosol-generating article and an aerosol-generating device. It appears claims 17-29 are directed to only the article and fail to include all the limitations of the claim upon which it depends (does not include the system with aerosol-generating device).
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 § 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.
Claims 16, 18, and 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over Vale (US 2021/0000162) in view of Hwang (US 20210000180).
16. Regarding claim 16, Vale discloses an aerosol-generating system comprising an aerosol-generating article for producing an inhalable aerosol upon heating and an aerosol generating device ([0015,0038,0064])
a rod of aerosol-generating substrate (see aerosol-generating substrate, 202, [0064], Fig. 2);
a downstream section located downstream of the rod of aerosol-generating substrate, the downstream section comprising a downstream air channeling element abutting a downstream end of the rod of aerosol-generating substrate (see aerosol-cooling element 104/204, Figs. 1, 2),
wherein the downstream air channeling element comprises a body comprising a core portion and a peripheral portion circumscribing the core portion, wherein the peripheral portion extends between the outer periphery of the air channeling element and the core portion, the core portion comprising one or more inner air passageways and the peripheral portion comprising one or more outer air passageways, wherein a total cross-sectional area of the one or more outer air passageways is greater than a total cross-sectional area of the one or more inner air passageways (see air pathways 110 provided in the center and outer portions of the element, the core portion has a single pathway while the peripheral portion has 6 pathways; the total cross-sectional area of the six outer pathways is clearly larger than the inner core pathway).
Vale does not expressly disclose the details of the aerosol-generating device in terms of having a heating chamber and heater configured to externally heat the rod; however, such devices are very well known and conventional in the aerosol-generating device art and it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the device with heating chamber and external heater as claimed since Hwang, similarly directed toward aerosol generating devices and articles, teaches devices having a heating chamber for rod insertion and heater 13 that externally heats the rod ([0033-0047]). One would have been motivated to employ a conventional device known to be suitable for heating aerosol-generating articles (cigarettes).
Vale does not disclose a ventilation zone located along the downstream air channeling element, wherein the ventilation zone establishes a fluid communication with the one or more outer air passageways. In the same field of endeavor of aerosol-generating systems, Hwang discloses providing perforations 36 formed in the wrapper of the cigarette so that external air may flow into the cigarette ([0081]). Hwang discloses the perforations may be formed in an area of a first segment to cool heated air passing through the tobacco rod and a surface of the filter rod before the heated air reaches the mouth of a user ([0082-0083]; first segment 321 is a cooling segment, [0062]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol-generating article with a ventilation zone along the air channeling element since Hwang discloses providing perforations along a cooling segment to facilitate cooling of the heated air before it reaches the mouth of a user ([0062,0082-0083]).
Regarding claim 18, Vale discloses a mouthpiece ([0039-0040]).
Regarding claim 23, Vale discloses the outer air passageways as defined by an internal cavity extending along the air channeling element (see pathways 110 in Figs. 1,2).
Regarding claims 24 and 25, Vale clearly illustrates the pathways as having substantially identical cross-sections wherein there is a single inner pathway and 6 outer pathways, thus the ratio of total cross-sectional areas for outer/inner is 6.
Regarding claim 26, there are 6 outer air passageways (Fig. 1).
Regarding claim 27, Vale discloses the total cross-sectional area is 50-90% ([0028]).
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Vale (US 2021/0000162) in view of Hwang (US 20210000180) as applied to claim 1 above, and further in view of Cheong (US 2020/0352220).
Regarding claim 17, Vale does not disclose an upstream section located upstream of the rod of aerosol-generating substrate, the upstream section comprising core and peripheral portions with inner and outer air passageways. In the same field of endeavor of aerosol generating systems, Cheong discloses an aerosol generating article wherein a front-end filter segment 421 is provided upstream of the tobacco rod to prevent a liquified aerosol from flowing into the aerosol generating device from the tobacco rod during smoking ([0074,0077]). Cheong discloses the front-end filter segment can be provided with a plurality of air channels 510 to achieve appropriate suction resistance ([0087,0092-0096]). In the example filter patter of Fig. 12, there is an inner channel and a plurality of outer channels that clearly have a larger total cross-sectional area. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol-generating article of Vale with an upstream section having air passageways as claimed since Cheong discloses providing a front end filter segment having a plurality of air channels 510 to prevent a liquified aerosol from flowing into the aerosol generating device from the tobacco rod during smoking and to control the suction resistance ([0074,0077,0087,0092-0096]; Fig. 12).
Regarding claim 19, Vale does not disclose a hollow tubular element, wherein the air channeling element is located between the aerosol-generating substrate and the hollow tubular element. It would have been obvious, however, to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol generating device as claimed since (1) Vale discloses providing filter 210 located at the rear of the article (air channeling element / cooling element 204 located between substrate 202 and filter 210; see Fig. 2, [0064]) and (2) Choeng, similarly directed towards an aerosol generating article, teaches providing a channel 510 within the rear-end filter segment to achieve appropriate suction resistance, wherein the Fig. 6 embodiment is a hollow tubular element ([0087]).
Claims 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Vale (US 2021/0000162) in view of Hwang (US 20210000180) as applied to claim 1 above, and further in view of Ghanouni (US 20210298346).
Regarding claims 28 and 29, Vale does not disclose the aerosol former content of the aerosol-generating substrate; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the substrate with at least 5 percent to 10 percent former since Ghanouni, similarly directed towards an aerosol forming article, teaches providing aerosol generating agent at 10-60 wt% to prevent the material from absorbing water too quickly or from being brittle and easily broken ([0044]).
Claims 16, 18, 20-22, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Morris (US 2021/0329966) in view of Hwang (US 20210000180).
16. Regarding claim 16, Morris discloses an aerosol-generating system comprising an aerosol-generating article for producing an inhalable aerosol upon heating and an aerosol generating device ([0003])
a rod of aerosol-generating substrate (see tobacco plug 2 [0045], Fig. 1);
a downstream section located downstream of the rod of aerosol-generating substrate, the downstream section comprising a downstream air channeling element abutting a downstream end of the rod of aerosol-generating substrate (see cooling element 4, [0046] Figs. 1, 2),
wherein the downstream air channeling element comprises a body comprising a core portion and a peripheral portion circumscribing the core portion, wherein the peripheral portion extends between the outer periphery of the air channeling element and the core portion, the core portion comprising one or more inner air passageways and the peripheral portion comprising one or more outer air passageways, wherein a total cross-sectional area of the one or more outer air passageways is greater than a total cross-sectional area of the one or more inner air passageways (see bore 8 provided in the center portion and grooves/channels 9 provided in the peripheral portion of the element, the core portion has a single pathway while the peripheral portion has 5 pathways; the total cross-sectional area of the six outer pathways is clearly larger than the inner core pathway, [0046], Fig. 2).
Morris does not expressly disclose the details of the aerosol-generating device in terms of having a heating chamber and heater configured to externally heat the rod; however, such devices are very well known and conventional in the aerosol-generating device art and it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the device with heating chamber and external heater as claimed since Hwang, similarly directed toward aerosol generating devices and articles, teaches devices having a heating chamber for rod insertion and heater 13 that externally heats the rod ([0033-0047]). One would have been motivated to employ a conventional device known to be suitable for heating aerosol-generating articles (cigarettes).
Morris does not disclose a ventilation zone located along the downstream air channeling element, wherein the ventilation zone establishes a fluid communication with the one or more outer air passageways. In the same field of endeavor of aerosol-generating systems, Hwang discloses providing perforations 36 formed in the wrapper of the cigarette so that external air may flow into the cigarette ([0081]). Hwang discloses the perforations may be formed in an area of a first segment to cool heated air passing through the tobacco rod and a surface of the filter rod before the heated air reaches the mouth of a user ([0082-0083]; first segment 321 is a cooling segment, [0062]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol-generating article with a ventilation zone along the air channeling element since Hwang discloses providing perforations along a cooling segment to facilitate cooling of the heated air before it reaches the mouth of a user ([0062,0082-0083]).
Regarding claim 18, Morris discloses a mouthpiece ([0019]).
Regarding claims 20-22, Morris discloses the outer air passageways as U-shaped grooves having maximum depth of 1.80 mm ([0046]).
Regarding claims 24 and 25, Morris discloses the U-shaped grooves as having a maximum depth of 1.80 mm and width of 1.5 mm ([0046]). The U-shaped grooves have the shape of about half an ellipse (Fig. 2). An area of an ellipse is π * a * b wherein a and b are axis of the ellipse. For a U-shaped groove having a shape of about half an ellipse with depth axis of 1.80 and width axis of 0.75, the area would be about 2.12 mm2 (1/2 * π * 1.8 * 0.75). Morris discloses the inner bore 8 has a diameter of 2 mm ([0046])--which equates to an area of 3.14 mm2 (πr2 where r = 1mm). The total area ratio is approximately 3.4 (5*2.12 / 3.14), which falls within the claimed ranges.
Regarding claim 26, there are 5 outer air passageways (Fig. 2).
Regarding claim 27, Morris discloses the circumference of the cooling element is 23.2 mm ([0046]), thus the diameter is 7.4 mm and the area is 43 mm2. The total area of the inner and outer passageways is about 13.7 mm2 (3.14 + 5 * 2.12; see area calculations above in discussion of claims 24 and 25)--which yields an area ratio of about 32%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ma (CN211129720U) discloses an aerosol generating article with an air channeling element with passageways 210 and tubular element 300 (see Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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