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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/06/2026 has been entered.
Status of the Claims
Claims 16-18, 20-31, 33-35, and 37-38 are pending and are subject to this Office Action.
Claims 16 and 29 are amended.
Claims 19, 32, and 36 are cancelled.
Claims 37-38 are new.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 7/06/2026 containing
amendments and remarks to the claims.
The objection to the drawings has been withdrawn due to the cancellation of claim 36.
The rejection of claim 36 under 35 USC 112(a) is moot due to the cancellation of claim 36.
Response to Arguments
Applicant’s arguments, see pages 7-16, filed 7/06/2025, with respect to the rejection(s) of claim(s) 16-36 under 35 USC 103 have been fully considered and are persuasive. The Applicant has amended claims 16 and 29 to have a new limitation wherein a resistance-to-draw of the aerosol-generating section is between 4 millimetres H20 and 25 millimetres H20, whereas previously this was not required. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously applied art and newly found art.
The following is the modified rejection made based on amendments made to the claims.
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.
Claim(s) 16-18, 20-25, 27-28, and 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwanaga (WO2020/115897, citations will refer to the English equivalent US2021/0235747) in view of Mironov (US2017/0086508) and Hepworth (WO2021/255453).
Regarding claims 16-18, 20, 25 and 37, Iwanaga teaches:
An aerosol-generating article (rod 14, [0013], figure 1) comprising:
An aerosol-generating section (tobacco part 24) comprising an aerosol-generating substrate (tobacco filler 23) comprising a plurality of strands of aerosol-generating material (a cut rag of a leaf tobacco in a random orientation, [0030]).
Wherein the aerosol-generating substrate has a density of 250 milligrams per cubic centimeter or more ([0032]). The range taught by the prior art overlaps the claim 16 range of between 100 milligrams per cubic centimeter and 700 milligrams per cubic centimeter and the claim 25 range of between 275 milligrams per cubic centimeter and 500 milligrams per cubic centimeter and is therefore prima facie obvious.
Wherein the aerosol-generating substrate is tobacco cut filler (the tobacco filler 23 is formed of a cut rag of leaf tobacco, [0030]).
As the tobacco filler 23, for example, dried tobacco leaf cut into strips having a width of 0.8 to 1.2 mm may be used ([0031]), which defines a mean cut width of the tobacco cut filler. The range taught by the prior art falls within the claim 17 range of between 0.3 mm and 2 mm and is therefore prima facie obvious.
A main body 12 that includes a heater 21 ([0014]). The heater 21 may be formed in the shape of a blade that can be inserted into the rod 14 to heat the rob 14 from the inside ([0018]), and therefore defines an elongate internal heating element located within the aerosol-generating substrate in thermal contact with the plurality of strands of aerosol-generating material. The heating manner of the heater 21 may be an induction heating manner ([0018]), and therefore reads on wherein the elongate internal heating element is a susceptor element.
Iwanaga does not appear to disclose (I) the aerosol-generating article comprising the elongate internal heating element, (II) wherein a ratio of a mean cut width of the tobacco cut filler to a width of the elongate internal heating element is between 0.05 and 4, and (III) wherein a resistance-to-draw of the aerosol-generating section is between 4 millimetres H2O and 25 millimetres H2O.
In regard to (I) Mironov, directed to an aerosol-generating article, teaches:
An aerosol-generating article (10) comprising an aerosol-generating section (aerosol-forming substrate 20) and an elongate internal heating element (blade-shaped susceptor 25) located within the aerosol-generating substrate in thermal contact with the aerosol-generating material (a blade-shaped susceptor 25 is located within the aerosol-forming substrate, in contact with the aerosol-forming substrate, [0097], figure 1); wherein the elongate internal heating element is a susceptor element (susceptor 25, [0097], figure 1).
The elongate susceptor is part of a consumable item, and thus is only used once. Thus, any residues that form on the susceptor during heating do not cause a problem for heating of a subsequent aerosol-generating article. The flavor of a sequence of aerosol-generating articles may be more consistent due to the fact that a fresh susceptor acts to heat each article ([0011]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the elongate internal heating element of Iwanaga be part of the aerosol-generating article as taught by Mironov, because both Iwanaga and Mironov are directed to aerosol generating systems for heating an aerosol generating article with a blade shape susceptor in contact with the aerosol-forming substrate, Mironov teaches the elongate susceptor being part of the aerosol-generating article makes the flavor of a sequence of aerosol-generating articles more consistent, and this merely involves configuring a susceptor to internally heat an aerosol-generating article in a known way (i.e. as part of the aerosol-generating article) to a similar aerosol-generating substrate to yield predictable results.
In regard to (II), Iwanaga is silent to the size of the elongate internal heating element.
However, Mironov further teaches:
The susceptor preferably has a width of between 1 mm and 5 mm ([0022]).
Therefore, as Iwanaga is silent to size of the elongate internal heating element, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of elongate heating element sizes that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the elongate internal heating element being suitable sized for use in an aerosol generating device. As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the width the elongate heating element being between 1 mm and 5 mm as taught by Mironov, because both Iwanaga and Mironov are directed to aerosol generating devices with an elongate internal heating element for heating an aerosol generating article, and this merely involves incorporating a known width of an elongate internal heating element to a similar aerosol generating device to yield predictable results. The elongate internal heating element having a width of between 1 mm and 5 mm falls within the claim 18 range of between 0.5 mm and 5 mm and is therefore prima facie obvious.
As a mean cut width of the tobacco cut filler of Iwanaga is between 0.8 to 1.2 mm, modified Iwanaga having a width of the elongate internal heating element be between 1 and 5 mm would yield a ratio of a mean cut width of the tobacco cut filler to a width of the elongate internal heating element is between 0.16 and 1.2. The range taught by the prior art falls within the claimed range of between 0.05 and 4 as recited in claim 16 and between 0.13 and 1.5 as recited in claim 20, and is therefore prima facie obvious.
In regard to (III), Iwanaga is silent to the resistance-to-draw of the aerosol-generating section.
However Hepworth, directed to an aerosol-generating material, teaches:
An article for use in a non-combustible aerosol provision system comprising an aerosol-generating section comprising an aerosol generating material (page 3, 5th-6th paragraph). A pressure drop across the aerosol-generating section is from about 15 to about 40 mm H2O (page 3, 10th paragraph).
A pressure drop at an increased level may render the article unsuitable for use in a non-combustible aerosol-provision device (page 12, second paragraph).
Therefore, as Iwanaga is silent to the resistance-to-draw of the aerosol-generating section, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of resistance-to-draws of aerosol-generating sections of similar aerosol-generating article that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the resistance-to-draw being suitable for a similar aerosol-generating section of an aerosol-generating article.
As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the resistance-to-draw of the aerosol-generating section being between about 15 to 40 mm H2O as taught by Hepworth, because both Iwanaga and Hepworth are directed to aerosol generating articles for use in a non-combustible aerosol provision system comprising an aerosol-generating section, Hepworth teaches a pressure drop in this range is suitable for use in a non-combustible aerosol-provision device, and this merely involves incorporating a known resistance-to-draw of an aerosol-generating section to a similar aerosol generating article to yield predictable results.
The range taught by the prior art overlaps the claim 16 range of between 4 milimetres H2O and 25 millimetres H20 and the claim 37 range of between 6 millimetres H2O and 15 millimetres H2O and is therefore prima facie obvious.
Regarding claim 21, Iwanaga further teaches wherein the aerosol generating substrate has a mass of 250 to 320 mg ([0032]). The range taught by the prior art falls within the claimed range of between 120 and 340 mg and therefore is prima facie obvious.
Regarding claim 22, Iwanaga further teaches wherein an average length of the plurality of strands of aerosol-generating material is approximately 1 to 40 mm ([0031]).
Iwanaga is silent to the length of the elongate internal heating element. However, Mironov further teaches that an elongate internal heating element may preferably have a length of between 5 and 15 mm ([0022], length of the susceptor).
Therefore, as Iwanaga is silent to size of the elongate internal heating element, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of elongate heating element sizes that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the elongate internal heating element being suitable sized for use in an aerosol generating device.
As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the length the elongate heating element being between 5 and 15 mm as taught by Mironov, because both Iwanaga and Mironov are directed to aerosol generating devices with an elongate internal heating element for heating an aerosol generating article, and this merely involves incorporating a known length of an elongate internal heating element to a similar aerosol generating device to yield predictable results. Modified Iwanaga having a length of the elongate internal heating element be between 5 and 15 mm would yield a ratio of an average length of the plurality of strands of aerosol-generating material to a length of the elongate internal heating element is between 0.067 and 8. The range taught by the prior art overlaps the claimed range of between 0.1 and 1 and is therefore prima facie obvious.
Regarding claim 23, Iwanaga further teaches that a width of the aerosol-generating section is 7 mm ([0032], the circumference of the tobacco part 24 is 22 mm). As modified Iwanaga has the width of the elongate internal heating element being between 1 and 5 mm, a ratio of the width of the elongate internal heating element to a width of the aerosol-generating section is between 0.14 and 0.71 which falls within the claimed range of between 0.1 and 0.8 and is therefore prima facie obvious.
Regarding claim 24, Iwanaga further teaches wherein the aerosol-generating material comprises between 10 percent by weight and 30 percent by weight of aerosol former (where the tobacco filler includes tobacco and the aerosol-generating base material [0031]; the aerosol-generating base material is preferably contained in an amount of 10 to 30% by weight with respect to the leaf tobacco and the aerosol-generating base material is a material capable of generating an aerosol through heating [0032]; and therefore the aerosol-generating base material is considered to be an aerosol former). The range taught by the prior art overlaps the claimed range of between 15 percent by weight and 30 percent by weight of aerosol former and therefore is prima facie obvious.
Regarding claim 27, Iwanaga further teaches the aerosol-generating article further comprising a downstream section located downstream of the aerosol-generating section (connecting part 27), the downstream section comprising a support element having an upstream end abutting the aerosol-generating section (paper tube 35, figure 2, [0028]).
Regarding claim 28, modified Iwanaga further teaches wherein the elongate internal heating element extends between an upstream end of the aerosol-generating section and a downstream end of the aerosol-generating section (as shown in Figure 1 of Mironov).
Regarding claims 29-31, 33 and 38, Iwanaga teaches:
• An aerosol-generating system (electric heating-type smoking system 11), comprising: an aerosol-generating article (rod 14, [0013], figure 1) comprising:
• An aerosol-generating section (tobacco part 24) comprising an aerosol-generating substrate (tobacco filler 23) comprising a plurality of strands of aerosol-generating material (a cut rag of a leaf tobacco in a random orientation, [0030]).
• Wherein the aerosol-generating substrate has a density of 250 milligrams per cubic centimeter or more ([0032]). The range taught by the prior art overlaps the claimed range of between 100 milligrams per cubic centimeter and 700 milligrams per cubic centimeter and is therefore prima facie obvious.
• An aerosol-generating device (main body 12) comprising an elongate internal heating element configured to be inserted into the aerosol-generating substrate of the aerosol-generating section of the aerosol-generating article (heater 21 that may be formed in the shape of a blade that can be inserted into the rod 14 (tobacco part 24) to heat the rod 14 from the inside, [0018]).
• Wherein the aerosol-generating substrate is tobacco cut filler (the tobacco filler 23 is formed of a cut rag of leaf tobacco, [0030]).
• As the tobacco filler 23, for example, dried tobacco leaf cut into strips having a width of 0.8 to 1.2 mm may be used ([0031]), which defines a mean cut width of the tobacco cut filler. The range taught by the prior art falls within the claim 30 range of between 0.3 mm and 2 mm and is therefore prima facie obvious.
Iwanaga does not appear to disclose (I)wherein a ratio of an average width of the plurality of strands of aerosol-generating material to a width of the elongate internal heating element is between 0.05 and 4 and (II) wherein a resistance-to-draw of the aerosol-generating section is between 4 millimetres H2O and 25 millimetres H2O.
In regard to (I), Iwanaga is silent to the width of the elongate internal heating element.
However Mironov further teaches:
The susceptor preferably has a width of between 1 mm and 5 mm ([0022]).
Therefore, as Iwanaga is silent to size of the elongate internal heating element, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of elongate heating element sizes that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the elongate internal heating element being suitable sized for use in an aerosol generating device.
As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the width the elongate heating element being between 1 mm and 5 mm as taught by Mironov, because both Iwanaga and Mironov are directed to aerosol generating devices with an elongate internal heating element for heating an aerosol generating article, and this merely involves incorporating a known width of an elongate internal heating element to a similar aerosol generating device to yield predictable results. The elongate internal heating element having a width of between 1 mm and 5 mm falls withing the claim 31 range of between 0.5 mm and 5 mm and is therefore prima facie obvious.
As a mean cut width of the tobacco cut filler of Iwanaga is between 0.8 to 1.2 mm, modified Iwanaga having a width of the elongate internal heating element be between 1 and 5 mm would yield a mean cut width of the tobacco cut filler to a width of the elongate internal heating element is between 0.16 and 1.2. The range taught by the prior art falls within the claimed range of between 0.05 and 4 as recited in claim 29 and between 0.13 and 1.5 as recited in claim 33, and is therefore prima facie obvious.
In regard to (II), Iwanaga is silent to the resistance-to-draw of the aerosol-generating section.
However Hepworth, directed to an aerosol-generating material, teaches:
An article for use in a non-combustible aerosol provision system comprising an aerosol-generating section comprising an aerosol generating material (page 3, 5th-6th paragraph). A pressure drop across the aerosol-generating section is from about 15 to about 40 mm H2O (page 3, 10th paragraph).
A pressure drop at an increased level may render the article unsuitable for use in a non-combustible aerosol-provision device (page 12, second paragraph).
Therefore, as Iwanaga is silent to the resistance-to-draw of the aerosol-generating section, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of resistance-to-draws of aerosol-generating sections of similar aerosol-generating article that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the resistance-to-draw being suitable for a similar aerosol-generating section of an aerosol-generating article.
As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the resistance-to-draw of the aerosol-generating section being between about 15 to 40 mm H2O as taught by Hepworth, because both Iwanaga and Hepworth are directed to aerosol generating articles for use in a non-combustible aerosol provision system comprising an aerosol-generating section, Hepworth teaches a pressure drop in this range is suitable for use in a non-combustible aerosol-provision device, and this merely involves incorporating a known resistance-to-draw of an aerosol-generating section to a similar aerosol generating article to yield predictable results.
The range taught by the prior art overlaps the claim 29 range of between 4 milimetres H2O and 25 millimetres H20 and the claim 38 range of between 6 millimetres H2O and 15 millimetres H2O and is therefore prima facie obvious.
Regarding claim 34, Iwanaga further teaches wherein the aerosol generating substrate has a mass of 250 to 320 mg ([0032]). The range taught by the prior art falls within the claimed range of between 120 and 340 mg and therefore is prima facie obvious.
Regarding claim 35, Iwanaga further teaches wherein an average length of the plurality of strands of aerosol-generating material is approximately 1 to 40 mm ([0031]).
Iwanaga is silent to the length of the elongate internal heating element. However, Mironov further teaches that an elongate internal heating element may preferably have a length of between 5 and 15 mm ([0022], length of the susceptor).
Therefore, as Iwanaga is silent to size of the elongate internal heating element, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of elongate heating element sizes that one of ordinary skill could apply to Iwanaga with a reasonable expectation of success in the elongate internal heating element being suitable sized for use in an aerosol generating device.
As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Iwanaga the length the elongate heating element being between 5 and 15 mm as taught by Mironov, because both Iwanaga and Mironov are directed to aerosol generating devices with an elongate internal heating element for heating an aerosol generating article, and this merely involves incorporating a known length of an elongate internal heating element to a similar aerosol generating device to yield predictable results. Modified Iwanaga having a length of the elongate internal heating element be between 5 and 15 mm would yield a ratio of an average length of the plurality of strands of aerosol-generating material to a length of the elongate internal heating element is between 0.067 and 8. The range taught by the prior art overlaps the claimed range of between 0.1 and 1 and is therefore prima facie obvious.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwanaga (WO2020/115897, citations will refer to the English equivalent US2021/0235747) in view of Mironov (US2017/0086508) and Hepworth (WO2021/255453) as applied to claim 16 above, and further in view of Zuber (WO2013/098410, cited in IDS dated 12/30/2024).
Regarding claim 26, Iwanaga does not appear to disclose the aerosol-generating article further comprising an upstream section located upstream of the aerosol-generating section, the upstream section comprising an upstream element having a downstream end abutting the aerosol-generating section.
Zuber, directed to an aerosol-generating article, teaches:
An aerosol-generating article (smoking article 1) comprising an upstream section located upstream of the aerosol-generating section (front plug 2 that is upstream of aerosol-forming substrate 7), the upstream section comprising an upstream element having a downstream end abutting the aerosol-generating section (as shown in figure 1, page 10, third paragraph).
The front-plug may prevent egress of the aerosol-forming substrate from the distal end of the rod during handling and shipping. Another advantage of the front-plug is that it may assist location of the aerosol-forming substrate at a predetermined distance from the distal end of the rod for optimum engagement with a heat source such as a heating element (page 4, fourth paragraph).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the aerosol generating article of Iwanaga by incorporating a front plug upstream of the aerosol-generating section as taught by Zuber, because both Iwanaga and Zuber are directed to aerosol-generating articles, Zuber teaches the front-plug may prevent egress of the aerosol-forming substrate from the distal end of the rod during handling and shipping, and this merely involves incorporating a known element of an aerosol-generating article (i.e. front plug) to a similar aerosol generating article to yield predictable results.
Conclusion
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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