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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered.
Status of the Claims
Claims 1-2 and 4-13 are pending and are subject to this Office Action. Claim 1 has been amended. Claims 14-15 have been cancelled.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 12/10/2025 containing
amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see 6-13, filed 12/10/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. The applicant has amended the claim to require the aerosol-generating section having a length of between 10 millimeters and 15 millimeters, a downstream section comprising a hollow tubular support element wherein a ratio of a width of an opening at an end of the hollow tubular support element to an average width of the plurality of strands of aerosol-generating material is at least 2 and less than or equal to 5, and wherein a distance between s ventilation zone and an upstream end of the aerosol-generating article is between 27 millimetres and 37 millimetres. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found art and previously applied art.
In response to applicant's arguments on pages 8-12, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
The following is a modified rejection 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) 1-2 and 4-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nesovic (WO2021/170671) in view of Iwanaga (WO2020/115897, citations will refer to the English equivalent US2021/0235747), Hepworth (WO2021/123834, cited in IDS dated 5/5/2025) and Wu (WO2023/138442, citations will refer to the English equivalent US2025/0107567).
Regarding claims 1-2, 4-5, and 12, Nesovic teaches:
An aerosol-generating system, comprising: an aerosol-generating article (aerosol-generating article 10, figure 1, page 56, last paragraph) comprising:
An aerosol-generating section (rod 12 of aerosol-generating substrate) that has a length of about 12 millimeters (page 58, 8th paragraph) which falls within the claimed range of a length of between 10 millimetres and 15 millimetres.
The aerosol-generating section comprising an aerosol-generating substrate comprising a plurality of strands of aerosol-generating material (where the homogenized plant material may be in the form of a plurality of strands, page 4, seventh paragraph).
In embodiments where the aerosol-generating substrate comprises a plurality of strands, the width of such strands is about 2 millimetres of less (page 6, second paragraph). The range taught by the prior art overlaps the claim 2 range of wherein the plurality of strands of aerosol-generating material have an average width of between 0.3 millimetre and 2 millimetres and is therefore prima facie obvious.
A downstream section (downstream section 14) located downstream of the aerosol-generating section (see figure 1), the downstream section comprising a hollow tubular support element having an upstream end abutting the aerosol-generating section (support element 22 comprising a first hollow tubular segment 26, figure 1, page 57, fifth paragraph).
The first hollow tubular support element 26 has an internal diameter of about 1.9 millimeters (page 57, sixth paragraph), which defines a width of an opening at an end of the hollow tubular support element. Thus a ratio of a width of an opening at an end of the hollow tubular support element to an average width of the plurality of strands of aerosol-generating 0.95 or greater, which overlaps the claimed range of at least 2 and less than or equal to 5 and is therefore prima facie obvious.
A ventilation zone at a location along the downstream section (where the aerosol-cooling element has a ventilation zone, page 43, first paragraph); wherein the aerosol-generating article has a ventilation level from about 20 percent to about 45 percent (page 46, 9th paragraph) which falls within the claimed range of between 15 percent and 50 percent.
An aerosol-generating article in accordance with the present invention comprises, in linear sequential arrangement, an upstream element, a rod of aerosol-generating substrate located immediately downstream of the upstream element, a support element located immediately downstream of the rod of aerosol-generating substrate, an aerosol-cooling element located immediately downstream of the support element, a mouthpiece element located immediately downstream of the aerosol-cooling element (page 55, seventh paragraph). The upstream element has a length of about 5 millimetres, the rod of aerosol-generating article has a length of about 12 millimetres, the support element has a length of about 8 millimetres, the mouthpiece element has a length of about 12 millimetres. Thus, an overall length of the aerosol-generating article is about 45 millimetres (page 56, third paragraph). Thus, as a distance between the ventilation zone and an upstream end of the hollow tubular segment of the aerosol-cooling element is at least about 3 millimetres (page 43, fourth paragraph), a distance between the ventilation zone and an upstream end of the aerosol-generating article is at least 28 millimeters, which overlaps the claimed range of between 27 millimetres and 37 millimetres and is therefore prima facie obvious.
An aerosol-generating device 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 (as aerosol generating articles according to the invention find particular application in aerosol generating systems comprising an electrically heated aerosol generating device having an internal heater blade which is adapted to be inserted into the rod of aerosol generating substrate, page 3, fourth paragraph).
Wherein the elongate internal heating element is a resistive heating element (page 3, fourth paragraph).
Nesovic does not appear to explicitly disclose (I) the density of the aerosol generating substrate, (II) wherein the aerosol-generating substrate is a homogenized star anise material, (III) wherein the elongate internal heating element is in a form of a pin or a needle, and (IV) the length and width of the elongate internal heating element.
In regard to (I), Iwanaga, directed to an aerosol-generating system, teaches:
An aerosol-generating article (rod 14, [0013], figure 1) comprising an aerosol-generating substrate (tobacco part 24) comprising a plurality of strands of aerosol-generating material (cut rag of a leaf tobacco [0030]).
The aerosol-generating substrate has a density of 320 milligrams per cubic centimeter or more, which ensures performance of the rod and imparts a decent smoking taste [0032].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify aerosol-generating substrate of Nesovic to have a density of 320 milligrams per cubic centimeter or more as taught by Iwanaga, because both Nesovic and Iwanaga are directed to aerosol-generating articles comprising aerosol-generating substrate with a plurality of strands of aerosol-generating material, Iwanaga teaches this density ensures performance of the rod and imparts a decent smoking taste, and this merely involves incorporating optimum or workable ranges by routine experimentation to a similar aerosol-generating substrate to yield predictable results. The aerosol-generating substrate having a density of 320 milligrams per cubic centimeter or more overlaps the claim 1 range of between 100 milligrams per cubic centimetre and 700 milligrams per cubic centimetre and the claim 12 range of between 275 milligrams per cubic centimetre and 500 milligrams per cubic centimetre and is therefore prima facie obvious.
In regard to (II), Hepworth, directed to an article for use in an aerosol provision system, teaches:
A non-combustible aerosol provision system is an aerosol generating material heating system. The solid aerosol-generating material may comprise, for example, tobacco or a non-tobacco product (page 4, fourth paragraph).
The term “tobacco material” may include cut tobacco (page 16, second paragraph).
In some embodiments, the active substance comprises or is derived from one or more botanicals or constituents, derivative or extracts thereof and the botanical is tobacco. In some embodiments, the active substance comprises or derived from one or more botanicals or constituents, derivatives, or extracts thereof and the botanical is star anise (page 16, last paragraph, and page 17, first paragraph).
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 tobacco material of the aerosol-generating substrate of Nesovic be star anise as taught by Hepworth, and thus the aerosol-generating substrate is a homogenized star anise material, because both Nesovic and Hepworth are directed to aerosol generating systems for heating an aerosol generating articles that comprises an aerosol generating substrate that is a botanical material, Hepworth teaches the botanical material may be tobacco or star anise, and this merely involves substituting a known type of aerosol-generating material for another known type of aerosol-generating material (i.e. star anise) to a similar aerosol-generating substrate to yield predictable results.
In regard to (III), Nesovic teaches the aerosol generating device having an internal heater blade (i.e. elongate internal heating element) which is adapted to be inserted into the rod of aerosol generating substrate (page 3, fourth paragraph). However, Nesovic does not teach that the blade is in a form of a pin or a needle.
Wu, directed to an aerosol generating apparatus, teaches:
An aerosol generating device (aerosol generating apparatus, figure 1) for heating an aerosol generating article (aerosol generation product A, figure 1, [0075]) the aerosol-generating device 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 30, [0076], figure 1).
The heater 30 is approximately in a shape of a pin or a needle or a bar or a rod or a column or a sheet or a plate, to facilitate insertion into the aerosol generation product A ([0080]).
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 heater of Nesovic to be in a shape of a pin or needle as taught by Wu, because both Nesovic and Wu are directed to aerosol generating devices with an elongate internal heating element configured to be inserted into the aerosol-generating substrate of an article, Wu teaches this facilitates insertion into the aerosol generation product, and this merely involves incorporating a known type of heating element (i.e. pin or needle shaped) to a similar elongate internal heating element to yield predictable results.
In regard to (IV), Nesovic is silent to the size of the elongate internal heating element.
However, Wu further teaches:
In addition, the heater 30 may have a length of about 12 mm to 20 mm and an outer diameter of about 2 mm to 4 mm ([0080]).
Therefore, as Nesovic 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 Nesovic 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 Nesovic the length and width the elongate heating element being about 12 mm to 20 mm and 2 to 4 mm, respectively, as taught by Wu, because both Nesovic and Wu 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 and width of an elongate internal heating element to a similar aerosol generating device to yield predictable results. The range taught by the prior art of the width being about 2 mm to 4 mm overlaps the claimed range of a diameter between 1.5 mm and 3 mm and is therefore prima facie obvious. The range taught by the prior art of the length being about 12 mm to 20 mm falls within the claimed range of a length between 8 mm and 25 mm and is therefore prima facie obvious.
As an average width of the plurality of strands of aerosol-generating material of Nesovic is 2 mm or less as discussed previously, modified Nesovic having a width of the elongate internal heating element be between 2 and 4 mm would yield a ratio of an average width of the plurality of strands of aerosol-generating material to a width of the elongate internal heating element be 1 mm or less. The range taught by the prior art overlaps the claimed range of between 0.05 and 1.3 as recited in claim 1, between 0.06 and 1.3 as recited in claim 4, and between 0.13 and 1.3 as recited in claim 5, and is therefore prima facie obvious.
Regarding claim 6-7, Nesovic is silent to the mass of the aerosol-generating substrate. However, as Nesovic teaches the length of the aerosol-generating substrate is 12 mm and the diameter is 7.25 mm (page 58, 8th paragraph), and Nesovic in view of Iwanaga has the aerosol-generating substrate having a density of 320 milligrams per cubic centimeter or more, the mass of the aerosol-generating substrate is therefore about 158 mg or more. The range taught by the prior art overlaps the claim 6 range of between 120 and 340 mg and the claim 7 range of between 160 and 280 mg and therefore is prima facie obvious.
Regarding claim 8, Nesovic further teaches the length of the plurality of strands of aerosol-generating material may be between about 5 millimetres to about 15 millimetres (page 6, second paragraph). Therefore 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 0.25 and 1.25. 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 9, Nesovic further teaches the length of the plurality of strands of aerosol-generating material may be between about 5 millimetres to about 15 millimetres (page 6, second paragraph). The range taught by the prior art overlaps the claimed range of between 1 mm and 15 mm and is therefore prima facie obvious.
Regarding claim 10, Nesovic further teaches wherein a width of the aerosol-generating section is 7.25 mm (the diameter is 7.25 mm, page 58, 8th paragraph).
As modified Nesovic has the width of the elongate internal heating element being about 2 mm to 4 mm, a ratio of the width of the elongate internal heating element to a width of the aerosol-generating section is about 0.28 to 0.55 which falls within the claimed range of between 0.1 and 0.8.
Regarding claim 11, Nesovic further teaches the aerosol-generating material comprises between 15 percent by weight and 20 percent by weight of aerosol former (page 10, first paragraph).
The range taught by the prior art falls within 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 13, Nesovic further teaches the aerosol-generating article further comprising an upstream section (16) located upstream of the aerosol generating section (figure 1), the upstream section comprising an upstream element (46) having a downstream end abutting the aerosol-generating section (figure 1, page 59, first paragraph).
Alternatively, Claim(s) 1-2 and 4-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zuber (US2014/0305448) in view of Iwanaga (WO2020/115897, citations will refer to the English equivalent US2021/0235747), Papakyrillou (WO2020/200820), Hepworth (WO2021/123834, cited in IDS dated 5/5/2025), Grishchenko (US202/40156155), Besso (US2018/0271143) and Wu (WO2023/138442, citations will refer to the English equivalent US2025/0107567).
Regarding claims 1-2, 4-5, 8-9, and 12, Zuber teaches:
An aerosol-generating system [0168], comprising: an aerosol-generating article (10, figure 1, [0178]) comprising:
An aerosol-generating section (section that comprises the aerosol-forming substrate 20, figure 1, [0178]) that has a length of 12 mm ([0087]) which falls within the claimed range of a length of between 10 millimetres and 15 millimetres.
The aerosol-generating section comprising an aerosol-generating substrate (aerosol-forming substrate 20) comprising a plurality of strands of aerosol-generating material (strands, [0048]).
A downstream section located downstream of the aerosol-generating section (section that comprises support element 30 and cooling element 40, figure 1, [0178]), the downstream section comprising a hollow tubular support element having an upstream end abutting the aerosol-generating section (support element 30, figure 1).
An aerosol-generating device (110) 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 (heating element 120, figure 2, [0188]), wherein the elongate internal heating element is in a form of a pin or a needle (pin, [0169]).
Wherein the elongate internal heating element is a resistive heating element ([0189]).
Zuber does not appear to explicitly disclose (I) the density of the aerosol generating substrate, (II) the width of an opening at an end of the hollow tubular support element, (III) the length and width of the plurality of strands, (IV) a ventilation zone at a location along the downstream section and wherein the aerosol-generating article has a ventilation level of between 15 percent and 50 percent, (V) a distance between the ventilation zone and an upstream end of the aerosol-generating article, (VI) wherein the aerosol-generating substrate is a homogenized star anise material, and (VII) the length and width of the elongate internal heating element.
In regard to (I), Iwanaga, directed to an aerosol-generating system, teaches:
An aerosol-generating article (rod 14, [0013], figure 1) comprising an aerosol-generating substrate (tobacco part 24) comprising a plurality of strands of aerosol-generating material (cut rag of a leaf tobacco [0030]).
The aerosol-generating substrate has a density of 320 milligrams per cubic centimeter or more, which ensures performance of the rod and imparts a decent smoking taste [0032].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify aerosol-generating substrate of Zuber to have a density of 320 milligrams per cubic centimeter or more as taught by Iwanaga, because both Zuber and Iwanaga are directed to aerosol-generating articles comprising aerosol-generating substrates with a plurality of strands of aerosol-generating material, Iwanaga teaches this density ensures performance of the rod and imparts a decent smoking taste, and this merely involves incorporating optimum or workable ranges by routine experimentation to a similar aerosol-generating substrate to yield predictable results. The aerosol-generating substrate having a density of 320 milligrams per cubic centimeter or more overlaps the claim 1 range of between 100 milligrams per cubic centimetre and 700 milligrams per cubic centimetre and the claim 12 range of between 275 milligrams per cubic centimetre and 500 milligrams per cubic centimetre and is therefore prima facie obvious.
In regard to (II), Zuber further teaches that the hollow tubular support element has an external diameter of 7.2 millimeters ([0093]). However, Zuber does not appear to disclose the width of an opening at an end of the hollow tubular support element.
Papakyrillou, directed to an aerosol generating article having a tubular support element, teaches:
An aerosol-generating article 10 that has a hollow tubular support element 14 having an upstream end abutting an aerosol-generating section (aerosol-forming substrate 12, figure 1, page 13, eighth paragraph).
The hollow tubular support element 14 comprises a peripheral wall 30 defining the tubular shape of the hollow tubular support element 14. The peripheral wall 30 has a thickness 40 of 0.71 millimetres (page 13, last paragraph, page 14, first 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 hollow tubular support element of Zuber to have a peripheral wall thickness of 0.71 millimeters as taught by Papakyrillou, and thus a width of an opening at an end of the hollow tubular support element being 5.78 millimeters, because both Zuber and Papakyrillou are directed to aerosol-generating articles comprising a hollow tubular support element having an upstream end abutting an aerosol-generating section, and this merely involves incorporating optimum or workable ranges by routine experimentation to a similar aerosol-generating hollow tubular support element to yield predictable results.
In regard to (III), Zuber is silent to the length and width of the plurality of strands of aerosol-generating material.
Iwanaga further teaches:
An aerosol-generating article (rod 14, [0013], figure 1) comprising an aerosol-generating substrate (tobacco part 24) comprising a plurality of strands of aerosol-generating material (cut rag of a leaf tobacco [0030]).
Dried tobacco leaf cut into strips having a width of 0.8 to 1.2 mm and a length of approximately 1 to 40 mm may be used [0031].
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 plurality of strands of aerosol-generating material of Zuber to have a width of 0.8 and 1.2 mm and a length of approximately 1 to 40 mm as taught by Iwanaga, because both Zuber and Iwanaga are directed to aerosol-generating articles comprising an aerosol-generating substrate comprising a plurality of strands of aerosol-generating material, and this merely involves incorporating optimum or workable ranges by routine experimentation to a similar aerosol-generating substrate to yield predictable results.
The plurality of strands of aerosol-generating material having a width of between 0.8 and 1.2 mm falls within the claim 2 range of between 0.3 and 2 millimeters.
The plurality of strands of aerosol-generating material having a length of between 1 to 40 mm overlaps the claim 9 range of between 1 and 15 millimeters and is therefore prima facie obvious.
Modified Zuber having a width of an opening at an end of the hollow tubular support element of 5.78 mm and a width of the plurality of strands of between 0.8 and 1.2 yields a ratio of a width of an opening at an end of the hollow tubular support element to an average width of the plurality of strands of aerosol-generating material of between 4.81 and 7.225 mm, which overlaps the claim 1 range of at least 2 and less than or equal to 5 and is therefore prima facie obvious.
In regard to (IV), Grishchenko, directed to an article for use in an aersol provision system, teaches:
An article 1 that has a ventilation level of between 50% and 80% provided by ventilation holes 12. Ventilation at these levels helps to slow down the flow of aerosol drawn through the mouthpiece 2 and thereby enable the aerosol to cool sufficiently before it reaches a downstream end 2b of the mouthpiece [0092]. The ventilation holes read on a ventilation zone at a location along a downstream section.
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 article of Zuber by incorporating a ventilation zone at a location along the downstream section providing the article with a ventilation of between 50% and 80% as taught by Grishchenko, because both Zuber and Grishchenko are directed to aerosol-generating articles, Grishchenko teaches ventilation at these levels helps to slow down the flow of aerosol drawn through the mouthpiece and thereby enable the aerosol to cool sufficiently before it reaches a downstream end of the mouthpiece, and this merely involves incorporating a known element (i.e. ventilation zone) to a similar aerosol-generating article to yield predictable results.
The range taught by the prior art overlaps the claimed range of a ventilation level of between 15 percent and 50 percent and is therefore prima facie obvious.
In regard to (V), Besso, directed to a smoking article, teaches:
The ventilation zone is located at least 10 mm and less than 15 mm upstream from the mouth end of the filter to make is less likely for the consumer to obstruct the ventilation zone when holding the smoking article with his or her lips [0051]-[0052].
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 article of Zuber by incorporating the ventilation zone to be between 10 and 15 mm upstream from the mouth end of the filter as taught by Besso, because both modified Zuber and Besso are directed to aerosol-generating articles with ventilation zones, Besso teaches this makes is less likely for the consumer to obstruct the ventilation zone.
Zuber teaches the front plug has a length between 2 and 10 mm [0042], the aerosol-forming substrate has a length of 12 mm [0087], the support element has a length of 8 mm [0094], the cooling element has a length of 18 mm [0135], and the mouthpiece has a length of 7 mm [0153]. As such, having the ventilation zone between 10 and 15 mm upstream from the mouth end of the filter would result in a distance between the ventilation zone and an upstream end of the aerosol-generating article of between 32 and 45 mm. The range taught by the prior art overlaps the claims range of between 27 and 37 mm and is therefore prima facie obvious.
In regard to (VI), Hepworth, directed to an article for use in an aerosol provision system, teaches:
A non-combustible aerosol provision system is an aerosol generating material heating system. The solid aerosol-generating material may comprise, for example, tobacco or a non-tobacco product (page 4, fourth paragraph).
The term “tobacco material” may include cut tobacco (page 16, second paragraph).
In some embodiments, the active substance comprises or is derived from one or more botanicals or constituents, derivative or extracts thereof and the botanical is tobacco. In some embodiments, the active substance comprises or derived from one or more botanicals or constituents, derivatives, or extracts thereof and the botanical is star anise (page 16, last paragraph, and page 17, first paragraph).
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 tobacco material of the aerosol-generating substrate of Zuber be star anise as taught by Hepworth, and thus the aerosol-generating substrate is a homogenized star anise material, because both Zuber and Hepworth are directed to aerosol generating systems for heating an aerosol generating articles that comprises an aerosol generating substrate that is a botanical material, Hepworth teaches the botanical material may be tobacco or star anise, and this merely involves substituting a known type of aerosol-generating material for another known type of aerosol-generating material (i.e. star anise) to a similar aerosol-generating substrate to yield predictable results.
In regard to (VII), Zuber is silent to the size of the elongate internal heating element.
However, Wu, directed to an aerosol generating apparatus, teaches:
An aerosol generating device (aerosol generating apparatus, figure 1) for heating an aerosol generating article (aerosol generation product A, figure 1, [0075]) the aerosol-generating device 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 30, [0076], figure 1).
The heater 30 is approximately in a shape of a pin or a needle or a bar or a rod or a column or a sheet or a plate, to facilitate insertion into the aerosol generation product A ([0080]).
In addition, the heater 30 may have a length of about 12 mm to 20 mm and an outer diameter of about 2 mm to 4 mm ([0080]).
Therefore, as Zuber 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 Zuber 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 Zuber the length and width the elongate heating element being about 12 mm to 20 mm and 2 to 4 mm, respectively, as taught by Wu, because both Zuber and Wu 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 and width of an elongate internal heating element to a similar aerosol generating device to yield predictable results. The range taught by the prior art of the width being about 2 mm to 4 mm overlaps the claimed range of a diameter between 1.5 mm and 3 mm and is therefore prima facie obvious. The range taught by the prior art of the length being about 12 mm to 20 mm falls within the claimed range of a length between 8 mm and 25 mm and is therefore prima facie obvious.
Modified Zuber having an average width of the plurality of strands of aerosol-generating material of between 0.8 to 1.2 mm and a width of the elongate heating element of between 2 and 4 mm yields a ratio of an average width of the plurality of strands of aerosol-generating material to a width of the elongate internal heating element be between 0.2 and 0.6. The range taught by the prior art overlaps the claimed range of between 0.05 and 1.3 as recited in claim 1, between 0.06 and 1.3 as recited in claim 4, and between 0.13 and 1.3 as recited in claim 5, and is therefore prima facie obvious.
Modified Zuber having an average length of the plurality of strands of aerosol-generating material of between 1 to 40 mm and a length of the elongate heating element of between 12 and 20 mm yields a ratio of an average length of the plurality of strands of aerosol-generating material to a length of the elongate internal heating element be between 0.05 and 3.33. The range taught by the prior art overlaps the claimed range of between 0.1 and 1 as recited in claim 8 and is therefore prima facie obvious.
Regarding claim 6-7, Zuber is silent to the mass of the aerosol-generating substrate. However, as Zuber teaches the length of the aerosol-generating substrate is 12 mm and the diameter is 7.2 mm [0086], and Zuber in view of Iwanaga has the aerosol-generating substrate having a density of 320 milligrams per cubic centimeter or more, the mass of the aerosol-generating substrate is therefore about 158 mg or more. The range taught by the prior art overlaps the claim 6 range of between 120 and 340 mg and the claim 7 range of between 160 and 280 mg and therefore is prima facie obvious.
Regarding claim 10, Zuber further teaches that a diameter of the aerosol-generating substrate is 7.2 mm [0086].
As modified Zuber has the width of the elongate internal heating element being about 2 mm to 4 mm, a ratio of the width of the elongate internal heating element to a width of the aerosol-generating section is about 0.28 to 0.55 which falls within the claimed range of between 0.1 and 0.8.
Regarding claim 11, Zuber further teaches the aerosol-forming substrate may have an aerosol former content of between approximately 5% and approximately 30% on a dry weight basis [0081]. The range taught by the prior art overlaps the claimed range of between 15 percent and 30 percent and is therefore prima facie obvious.
Regarding claim 13, Zuber further teaches:
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 (a front-plug upstream of the aerosol-forming substrate, [0022]).
Conclusion
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/N.A.S./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755