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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 2 and 25 are objected to because of the following informalities:
Regarding claim 2, there is a missing period at the end of the claim, “…with respect to the heating element”, should read, “…with respect to the heating element.”
Regarding claim 25, “A system according to claim 24…”, is recited in line 1, and should read, “The system according to claim 24…”
Appropriate correction is required.
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 3, 5, 7-10, 13-14, 16, 19, 21, 25 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.
Regarding claims 3, 7-10, 13-14, 16, and 19 the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For examination purposes, the claims identified directly above are interpreted as follows:
Claim 3 is interpreted as; “The article according to claim 1, wherein the aerosol generating material comprises a plurality of individual pieces of aerosol generating material.”
Claim 7 is interpreted as; “The article according to claim 1 wherein the first section comprises a first blocking member that defines a first end of the cavity.”
Claim 8 is interpreted as; “The article according to claim 7 wherein the first blocking member comprises aerosol generating material.”
Claim 9 is interpreted as; “The article according to claim 7, wherein the first section comprises a second blocking member that defines a second end of the cavity.”
Claim 10 is interpreted as; “The article according to claim 9 wherein the second blocking member comprises aerosol generating material.”
Claim 13 is interpreted as; “The article according to claim 1, wherein the article further comprises a cooling section.”
Claim 14 is interpreted as; “The article according to claim 1, further comprising a filter section.”
Claim 16 is interpreted as; “The article according to claim 14 comprising an aerosol modifying agent release component that comprises an aerosol modifying agent.”
Claim 19 is interpreted as; “The article according to claim 17, wherein the article comprises a second plug defining a second end of the first section, wherein the second plug comprises tobacco.”
Regarding claims 5 and 21; A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 5 and 21 recite the broad recitation “…the aerosol generating material occupies about 80% to 95% of the volume of the cavity…”, and the claim also recites, “…the aerosol generating material occupies about 88% to 92% of the volume of the cavity…”, which is the narrower statement of the range. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, both claims 5 and 21, are interpreted to encompass the broader range; “…the aerosol generating material occupies about 80% to 95% of the volume of the cavity.”
Regarding claim 25, the limitation "the housing", recited in line 1, lacks sufficient antecedent basis rendering the claim indefinite. For examination purposes, claim 25 is interpreted as; “The system according to claim 24 comprising a housing, comprising
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.
Claims 1-3, 7, 9, 12, 14, 16, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NAKAZONO (WO-2021215496-A1).
Regarding claim 1, NAKAZONO teaches; An article for use with an apparatus for heating aerosol generating material to volatilize at least one component of the aerosol generating material to generate an inhalable aerosol (“When using the heated tobacco product, the non-combustion heated tobacco is inserted or placed in the heating device. Then, the heat source of the heating device is heated, and that heat is used to heat the tobacco material in the non-combustion heated tobacco, thereby delivering the flavor components to the user along with the aerosol.”— [0005]), the article comprising: a first section (Figure 1; the space between the outer edges of 21— ‘first filter section’ and 22— ‘second filter section’, corresponds to ‘a first section’) defining a cavity (Figure 1, reference character 23—‘space section’) that contains aerosol generating material (Figure 1, reference character T—‘tobacco material’, is contained within 23), wherein the aerosol generating material partially fills the cavity (Figure 1; T partially fills 23), wherein the article is configured to receive in the cavity a heating element of the apparatus (“Furthermore, the tobacco material may have a fitting portion for a heater component or the like for heating a non-combustion heated tobacco.”— [0027]) and wherein the aerosol generating material is arranged to be displaceable within the cavity with respect to the heating element (“…a space 23 between these filter sections, and tobacco material T movably disposed in the space.”—[0017]).
Regarding claim 2, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches; the aerosol generating material (T) is arranged within the cavity (23) so that movement of the article causes displacement of the aerosol generating material within the cavity (23) so as to reposition aerosol generating material (T) with respect to the heating element (Figure 5, reference character 16— ‘heater’ and [0017]— “…tobacco material T movably disposed in the space.”).
Regarding claim 3, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches; the aerosol generating material comprises a plurality of individual pieces of aerosol generating material (see [0021]— “…the tobacco material for non-combustible heated tobacco, and which is in particulate form… ‘particulate’ in relation to tobacco material means that the tobacco material in the above embodiments does not include sheet-like tobacco material.” and [0040]— “Tobacco material is obtained by…granulating the resulting kneaded material (into long columnar shapes) using a wet extruder, and then shaping it into short columnar or spherical shapes.”).
Regarding claim 7, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches; the first section comprises a first blocking member that defines a first end of the cavity (Figure 1, reference character 21— ‘first filter section’ is a first blocking member that defines a first end of the cavity 23. Additionally the examiner notes that 21 can have columnar bodies and be made of materials with varying permeability, as taught in [0062]/[0063], thereby corresponding to a plug).
Regarding claim 9, NAKAZONO, as shown above, teaches all the limitations of claim 7.
NAKAZONO further teaches; the first section comprises a second blocking member that defines a second end of the cavity (Figure 1, reference character 22— ‘second filter section’ is a second blocking member that defines a second end of the cavity 23. Additionally the examiner notes that 22 may have a columnar body and be made of materials with varying permeability, as taught in [0062]/[0063], thereby corresponding to a plug).
Regarding claim 12, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches; the article further comprises a tube filter section (“…the first filter section and the second filter section may each consist of a single segment or multiple segments…using a paper tube allows for adjustment of the length…”— [0064]).
Regarding claim 14, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches; a filter section (Figure 1, reference characters 21 and 22. Additionally the examiner notes [0065]— "…the filter section, which includes the additive release container…usually a flavoring agent contained within the capsule…”).
Regarding claim 16, NAKAZONO, as shown above, teaches all the limitations of claim 14.
NAKAZONO further teaches; an aerosol modifying agent release component that comprises an aerosol modifying agent (see [0065]— “…the filter section, which includes the additive release container… usually a flavoring agent contained within the capsule…” and [0066]— "The additives included in the additive release container may include any of the above-mentioned additives, but it is particularly preferable that they include flavoring agents and activated carbon.”).
Regarding claim 24, NAKAZONO, as shown above, teaches all the limitations for the article according to claim 1.
NAKAZONO further teaches; A system comprising a heating apparatus arranged to heat aerosol generating material to volatilize at least one component of said aerosol generating material and an article according to claim 1 for use with the heating apparatus (“The non-combustion heated tobacco according to the embodiment of the present invention can be used as a cartridge housed in an electric heated tobacco product…”— [0074]), wherein; the heating apparatus comprises: at least one heater element for heating the aerosol generating material of the article when in use (“…an electrically heated device comprising a heater member… the above-mentioned non-combustion heated tobacco inserted so as to contact the heater member.”— [0074]).
Regarding claim 25, NAKAZONO, as shown above, teaches the system according to claim 24.
NAKAZONO further teaches; a housing, comprising a first opening through which the article can be inserted into the heating apparatus ([0075]— “The housing extends axially, with an opening formed at its first axial end…”, and see Figure 5, reference character 16— ‘heater’ with a storage space that contains a non-combustion heated tobacco cartridge—[0075]).
Claim Rejections - 35 USC § 103
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 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over NAKAZONO (WO-2021215496-A1) in view of KWON (KR102806173B1).
Regarding claim 5, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO further teaches that; “The ratio of the volume of tobacco material to the total volume of the space (23) is not particularly limited and can be set appropriately… the percentage is usually 75% by volume…”— [0025].
NAKAZONO does not teach; the aerosol generating material occupies about 80% to 95% of the volume of the cavity.
KWON does however teach an aerosol-generating article and aerosol-generating apparatus used with the same that comprises, “…a tobacco rod and a filter rod including a cavity segment filled with tobacco granules, and the filling rate of the tobacco granules in the cavity segment may be 80 volume%...”— [0011].
NAKAZONO and KWON are analogous to the claimed invention because they are both related to the same field of articles for use in aerosol-generating apparatuses. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to increase the volume of the aerosol generating material from 75% of the volume of the cavity, as taught by NAKAZONO, to 80% of the volume of the cavity, as taught by KWON, for the express motivations set forth in both NAKAZONO and KWON’s disclosures: NAKAZONO teaches the %-volume occupied can be varied based on desired airflow resistance and aerosol density (see [0025]); KWON suggests the aerosol generating material occupies 80% of the volume of the cavity, to increase the probability of vortex generation (see [0119]) and minimize air turbulence (see [0120]).
Claims 8, 10-11, 13, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over NAKAZONO (WO-2021215496-A1) in view of ZUBER (US20140373856A1).
Regarding claim 8, NAKAZONO, as shown above, teaches all the limitations of claim 7.
NAKAZONO teaches that the first blocking member defines the first end of the cavity but does not teach that the first blocking member comprises aerosol generating material.
ZUBER does however teach that the first blocking member comprises aerosol generating material (see Figure 1, reference character 2— ‘front-plug’, and [0027]— “…the front-plug may be partially or entirely formed from an aerosol-forming substrate. For example, the aerosol-forming substrate may be a material comprising tobacco or processed tobacco and the front-plug may comprise this material.”).
NAKAZONO and ZUBER are analogous to the claimed invention because they are related to the same field of smoking articles for forming aerosol. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first blocking member defining the first end of the cavity, as taught by NAKAZONO, such that it comprises aerosol generating material, as taught by ZUBER, for the express motivation ZUBER recites; “If an aerosol-forming substrate is incorporated in the front-plug, the density of the aerosol-forming substrate may be increased at the distal end of the rod to allow the aerosol-forming substrate to function as a front-plug.”— [0027].
Regarding claim 10, NAKAZONO, as shown above, teaches all the limitations of claim 9.
NAKAZONO teaches that the second blocking member defines the second end of the cavity but does not teach that the second blocking member comprises aerosol generating material.
ZUBER does however teach that blocking members, including plugs of aerosol generating articles, may comprise aerosol generating material for a variety of desired properties (“…the front-plug may be partially or entirely formed from an aerosol-forming substrate. For example, the aerosol-forming substrate may be a material comprising tobacco or processed tobacco and the front-plug may comprise this material.”— [0027]).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second blocking member defining the second end of the cavity, as taught by NAKAZONO, such that it comprises aerosol generating material, as taught by ZUBER, for express motivation ZUBER implies; “If an aerosol-forming substrate is incorporated in the front-plug, the density of the aerosol-forming substrate may be increased at the distal end of the rod to allow the aerosol-forming substrate to function as a front-plug.”—[0027]. Additionally, modifying the second blocking member such that it comprises aerosol generating material would increase the density of the aerosol-forming substrate at the proximal end of the article for the purpose of capturing residue or condensate with an active substrate, thereby enhancing the flavor of the aerosol for the user.
Regarding claim 11, NAKAZONO, as shown above, teaches all the limitations of claim 7.
NAKAZONO does not teach the first blocking member is arranged to enable the heating element of the apparatus to extend through the first blocking member into the cavity when the article is inserted in the apparatus.
ZUBER does however teach that when the first blocking member is arranged to enable the heating element of the apparatus to extend through the first blocking member into the cavity when the article is inserted in the apparatus (“…the smoking article are designed to be used in conjunction with an aerosol-generating device having a heating element for heating the aerosol-forming substrate. Such heating elements are typically in the form of pins or blades that can be inserted into the smoking article through the front-plug.”— [0028]).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first blocking member, as taught by NAKAZONO, such that it is arranged to enable the heating element of the apparatus to extend through it and into the cavity when the article is inserted in the apparatus, as taught by ZUBER, for the express motivations ZUBER recites; without the modified front-plug, “…the withdrawal of the heating element from the rod may also result in the withdrawal of the aerosol-forming substrate due to increased adhesion of the aerosol-forming substrate with the heating element coupled with decreased adhesion of the aerosol-forming substrate with the cigarette paper.”— [0024], and direct contact with the aerosol generating material allows for, “…raising the temperature of the heating element to heat the aerosol-forming substrate sufficiently to form an aerosol…”— [0043].
Regarding claim 13, NAKAZONO, as shown above, teaches all the limitations of claim 1.
NAKAZONO does not teach that the article further comprises a cooling section.
ZUBER does however teach an aerosol generating article that comprises a cooling section (Figure 1, reference character 4— ‘transfer section’, and [0058]— "The volatile substances may cool within the transfer section 4…”).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the article according to claim 1, as taught by NAKAZONO, such that it further comprises a cooling section, as taught by ZUBER, for the explicit motivation ZUBER, recites; “…to form an aerosol.”— [0058], and allow for the released compounds to condense (see [0002]).
Regarding claim 17, NAKAZONO teaches; An article for use in an apparatus for heating aerosol generating material to volatilize at least one component of the aerosol generating material to generate an inhalable aerosol (“When using the heated tobacco product, the non-combustion heated tobacco is inserted or placed in the heating device. Then, the heat source of the heating device is heated, and that heat is used to heat the tobacco material in the non-combustion heated tobacco, thereby delivering the flavor components to the user along with the aerosol.”— [0005]), the article comprising: a first section (Figure 1; the space between the outer edges of 21— ‘first filter section’ and 22— ‘second filter section’, corresponds to ‘a first section’) containing aerosol generating material (Figure 1, reference character T—‘tobacco material’, is contained within 23— ‘space section’), wherein the aerosol generating material comprises a plurality of pieces of material comprising tobacco (see [0021]— “…the tobacco material for non-combustible heated tobacco, and which is in particulate form… ‘particulate’ in relation to tobacco material means that the tobacco material in the above embodiments does not include sheet-like tobacco material.” and [0040]— “Tobacco material is obtained by…granulating the resulting kneaded material (into long columnar shapes) using a wet extruder, and then shaping it into short columnar or spherical shapes.”), wherein the article comprises a first plug defining a first end of the first section (Figure 1, reference character 21— ‘first filter section’ defines a first end of the first section. Additionally the examiner notes that 21 may have a columnar body and be made of materials with varying permeability, as taught in [0062]/[0063], thereby corresponding to a plug).
NAKAZONO does not teach that the first plug comprises tobacco.
ZUBER does however teach that the plugs of aerosol generating articles may comprise aerosol generating material for a variety of desired properties (“the front-plug may be partially or entirely formed from an aerosol-forming substrate. For example, the aerosol-forming substrate may be a material comprising tobacco or processed tobacco and the front-plug may comprise this material.”— [0027]).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first plug defining the first end of the first section, as taught by NAKAZONO, such that it comprises aerosol generating material, as taught by ZUBER, for the express motivation ZUBER recites; “If an aerosol-forming substrate is incorporated in the front-plug, the density of the aerosol-forming substrate may be increased at the distal end of the rod to allow the aerosol-forming substrate to function as a front-plug.”— [0027].
Regarding claim 19, NAKAZONO in view of ZUBER, teaches all the limitations of claim 17.
NAKAZONO further teaches the article comprises a second plug defining a second end of the first section (Figure 1, reference character 22— ‘second filter section’ defines a second end of the first section. Additionally the examiner notes that 22 may have a columnar body and be made of materials with varying permeability, as taught in [0062]/[0063], thereby corresponding to a plug).
NAKAZONO does not teach the second plug comprises tobacco.
ZUBER does however teach that the plugs of aerosol generating articles may comprise aerosol generating material for a variety of desired properties (“the front-plug may be partially or entirely formed from an aerosol-forming substrate. For example, the aerosol-forming substrate may be a material comprising tobacco or processed tobacco and the front-plug may comprise this material.”— [0027]).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second plug, as taught by NAKAZONO, such that it comprises tobacco, as taught by ZUBER, for express motivation ZUBER implies; “If an aerosol-forming substrate is incorporated in the front-plug, the density of the aerosol-forming substrate may be increased at the distal end of the rod to allow the aerosol-forming substrate to function as a front-plug.”—[0027]. Additionally, modifying the second plug such that it comprises aerosol generating material would increase the density of the aerosol-forming substrate at the proximal end of the article for the purpose of capturing residue or condensate with an active substrate, thereby enhancing the flavor of the aerosol for the user.
Regarding claim 20, NAKAZONO in view of ZUBER, as shown above, teaches all the limitations of claim 17.
NAKAZONO further teaches; the plurality of pieces of material comprising tobacco comprise tobacco beads or pellets (“Tobacco material is obtained by…granulating the resulting kneaded material (into long columnar shapes) using a wet extruder, and then shaping it into short columnar or spherical shapes.”— [0040]).
Regarding claim 23, NAKAZONO in view of ZUBER, as shown above, teaches all the limitations of claim 17.
NAKAZONO further teaches; the plurality of pieces of material comprising tobacco are displaceable within the first section so as to be repositionable with respect to the heating element (“…tobacco material T movably disposed in the space.”— [0017]).
NAKAZONO does not teach the article is configured to receive in the first section a heating element of the apparatus.
ZUBER does however teach the article is configured to receive in the first section a heating element of the apparatus (“…the smoking article are designed to be used in conjunction with an aerosol-generating device having a heating element for heating the aerosol-forming substrate. Such heating elements are typically in the form of pins or blades that can be inserted into the smoking article through the front-plug.”— [0028])
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first section, as taught by NAKAZONO, such that it is configured to receive a heating element of the apparatus, as taught by ZUBER, for the express motivations ZUBER recites; without the modified first section, “…the withdrawal of the heating element from the rod may also result in the withdrawal of the aerosol-forming substrate due to increased adhesion of the aerosol-forming substrate with the heating element coupled with decreased adhesion of the aerosol-forming substrate with the cigarette paper.”— [0024], and direct contact with the aerosol generating material allows for, “…raising the temperature of the heating element to heat the aerosol-forming substrate sufficiently to form an aerosol…”— [0043].
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over NAKAZONO (WO-2021215496-A1) in view of ZUBER (US20140373856A1), in further view of KWON (KR102806173B1).
Regarding claim 21, NAKAZONO in view of ZUBER, teaches all the limitations of claim 17.
NAKAZONO further teaches; the first section defines a cavity containing the aerosol generating material (Figure 1, reference character 23— ‘space section’ corresponds to a cavity that contains aerosol generating material T— ‘tobacco material’) and that, “The ratio of the volume of tobacco material to the total volume of the space (23) is not particularly limited and can be set appropriately… the percentage is usually 75% by volume…”— [0025].
Neither NAKAZONO nor ZUBER teach that the aerosol generating material occupies about 80% to 95% of the volume of the cavity.
KWON does however teach that the aerosol generating material occupies about 80% to 95% of the volume of the cavity (“…a tobacco rod and a filter rod including a cavity segment filled with tobacco granules, and the filling rate of the tobacco granules in the cavity segment may be 80 volume%...”— [0011]).
NAKAZONO, ZUBER, and KWON are analogous to the claimed invention because they are all directed to the same field of articles for use in aerosol generating apparatuses. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerosol generating material in the article for use in an apparatus for heating, as taught by NAKAZONO in view of ZUBER, such that the aerosol generating material occupies about 80% to 95% of the volume of the cavity, as taught by KWON, for the express motivations set forth in both NAKAZONO and KWON’s disclosures: NAKAZONO teaches the %-volume occupied can be varied based on desired airflow resistance and aerosol density (see [0025]); KWON suggests the aerosol generating material occupies 80% of the volume of the cavity, to increase the probability of vortex generation (see [0119]) and minimize air turbulence (see [0120]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A CEFARATTI whose telephone number is (571)270-0482. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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/JOSEPH ARTHUR CEFARATTI/ Examiner, Art Unit 1749
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
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