`
`
`
`U.S. Patent 9,901,123
`27. An electrically-powered,
`
`PMI’s IQOS 2.4
` The IQOS holder is electrically-powered by a battery (shown on the right below).
`
`Exhibit 41
`
`aerosol-generating smoking article
`comprising:
`
`an electrical power source in the form
`of a battery within a tubular outer housing
`having a mouth-end and an end distal to the
`mouth-end
`
`
`
`
`
`
`“The IQOS Holder [is] an electrically powered” unit. Ex. 8 at 10. It “electrically heat[s]” the tobacco-containing Heatstick. Id.
`at 15.
` The proposed IQOS is an “Electronically Heated Tobacco System.” Ex. 12 at 218.
` Per PMI’s website, https://www.pmi.com/smoke-free-products/iqos-our-tobacco-heating-system, the IQOS systems use “an
`electronically controlled heater.”
` The IQOS holder heats a tobacco stick and releases an aerosol containing tobacco vapors.
` The IQOS Holder “generate[s] [a] nicotine-containing aerosol.” Ex. 8 at 10.
` The tobacco stick “produces an aerosol.” Ex. 12 at 6. The tobacco stick includes “[g]lycerol” and “[p]ropylene glycol.” Id. at
`13; see also, e.g., id. at 229–30 (describing “glycerin” as a component of the aerosol); id. at 270 (“Glycerin, which has been
`added to the tobacco as an aerosol former, aids the formation of the aerosol that is inhaled.”). The ’123 patent describes these
`ingredients as aerosol-forming materials. See, e.g., ’123 patent col. 8 ll. 21–22 (“Exemplary aerosol-forming materials include
`glycerin, propylene glycol, and mixtures thereof.”).
` As shown in the figures below, the IQOS power source is a battery within an outer housing. The housing is tubular and has two
`ends, a mouth end (that holds the tobacco stick) and a distal end (that holds the battery).
`
` The IQOS holder has a battery within a tubular outer housing. Ex. 12 at 22.
`
`
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 001
`
`
`
`U.S. Patent 9,901,123
`
`PMI’s IQOS 2.4
`
`
`A “tobacco stick” is inserted into the holder as shown below, id. at 6, 159, and it has a “mouthpiece,” id. at 10.
`
`
`
`
`
`at least one electrical resistance heater
`powered by said electrical power source
`
` The IQOS holder contains a battery. Ex. 8 at 25 (“The Holder has a small battery, which stores enough energy for a single use
`(i.e. complete use of one HeatStick).”); id. at 15. The Heatstick, which is inserted into the Holder, has a “mouthpiece.” Id. at 16.
` The heating in the IQOS holder is done through a heating blade, where the heat is produced by a conductive material laid on a
`ceramic support. The heating blade is formed of a heating element, a resistive track, printed onto a ceramic blade.
`
`
` The heating blade in the IQOS holder is powered by the battery. Ex. 8 at 25.
` The heater in the IQOS holder comprises a “glass-coated metallic resistive element through which electricity is passed to create
`the heating.” Ex. 12 at 1,047. “The battery powers microprocessor and heating system.” Id. at 504.
` As shown in the figures below, at least a portion of the heating blade is elongated and extending downstream toward the mouth
`end of the outer housing, and the elongated portion is proximal to the center of the outer housing.
`
`wherein at least a portion of the
`resistance heating element is elongated and
`extending downstream toward the mouth-
`end of the outer housing, the elongated
`portion of the resistance heating element
`positioned proximal to the center of the
`outer housing
`
`
`
`2
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 002
`
`
`
`U.S. Patent 9,901,123
`
`PMI’s IQOS 2.4
`
` The heating blade is elongated and extends toward the mouth end; it is proximal to the center of the outer housing. Ex. 12 at
`1,048.
`
`
`
`a controller within the tubular outer
`housing and adapted for regulating current
`flow through the electrical resistance
`heater; and
`
`
` The tobacco stick is heated via a “heating blade” that is inserted into the tobacco. Ex. 8 at 15. The tobacco is on one end of the
`Heatstick and the other side has a mouth filter. Id. at 16.
`In the IQOS, a microcontroller controls the current flow through heating blade. The microcontroller is located within the tubular
`outer housing.
`
`
`
`
` The holder includes a “microcontroller[]” that controls the “heating process.” Ex. 12 at 8. This “will turn off the heating process
`in the event that overheating is detected by the thermal monitoring system.” Id. at 22.
`
`
`
`
`“The Holder is electronically controlled to maintain a specific temperature range that allows generation of aerosol and prevents
`reaching temperatures where combustion can occur.” Ex. 8 at 15.
`
`
`
`3
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 003
`
`
`
`U.S. Patent 9,901,123
`a cigarette-type device removably
`engaged with the mouth-end of the tubular
`outer housing and comprising
`
`PMI’s IQOS 2.4
`
`In the IQOS, the consumable resembles a small cigarette, one end holds the tobacco and the other holds a filter through which the
`user inhales. The tobacco stick is designed for one time use. As shown below, the stick is removably engaged with the mouth
`end of the tubular housing.
`
` A “tobacco stick” is inserted into the mouth-end, Ex. 12 at 6, 159, and it is later “[r]emove[d],” id. at 160.
`
`
`
`
`
`
`
`
`
`
` The Heatstick is not intended for “reus[e].” Ex. 8 at 11, 15. The Heatstick is removed after each use. Id. at 15 (“[The IQOS 2.4]
`is designed to be used for a single Heatstick . . . after which . . . the used Heatstick is discarded.”); see also id. at 85, 86
`(describing “[r]emov[al]” of the Heatstick).
` The tobacco stick is within an “outer paper” and includes a tobacco plug, Ex. 12 at 10, which, when heated, “produces an
`aerosol.” Id. at 6. The tobacco plug includes “[g]lycerol” and “[p]ropylene glycol,” id. at 13; see also, e.g., id. at 229–30
`
`a tobacco segment circumscribed by a
`wrapping material and comprising a
`
`
`
`4
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 004
`
`
`
`U.S. Patent 9,901,123
`tobacco material and an aerosol-forming
`material
`
`PMI’s IQOS 2.4
`(describing “glycerin” as a component of the aerosol); id. at 270 (“Glycerin, which has been added to the tobacco as an aerosol
`former, aids the formation of the aerosol that is inhaled.”). The ’123 patent describes these ingredients as aerosol-forming
`materials. See, e.g., ’123 patent col. 8 ll. 21–22 (“Exemplary aerosol-forming materials include glycerin, propylene glycol, and
`mixtures thereof.”).
`
`Ex. 12 at 10.
`
`
`
`
`
` The Heatstick has an “outer paper” and a “tobacco plug,” and looks as follows:
`
`Ex. 8 at 16.
`
`
`
` The IQOS consumable contains reconstituted tobacco (23.5-26.9%) and aerosol-forming material: glycerol (5.5-7%) and
`propylene glycol (0.037-0.326%). See https://www.pmi.com/our-business/about-us/products/making-heated-tobacco-products.
`The ’123 patent describes these ingredients as aerosol-forming materials. See, e.g., ’123 patent col. 8 ll. 21–22 (“Exemplary
`aerosol-forming materials include glycerin, propylene glycol, and mixtures thereof.”).
` The outer paper circumscribes the tobacco plug.
`
`
`
`5
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 005
`
`
`
`U.S. Patent 9,901,123
`
`PMI’s IQOS 2.4
`
`
`
`Source: https://www.pmiscience.com/resources/docs/default-source/news-documents/pmi-tpsac_final-sponsor-presentation.pdf
` When inserted into the IQOS holder, the tobacco stick is pierced by the IQOS holder’s heating blade. Then, when electrical
`current flows through the conductive material in the heating blade, heat is dissipated and released into the surrounding tobacco.
` The heating “blade . . . is pushed into the tobacco plug by the act of inserting the Tobacco Stick into the Holder.” Ex. 12 at 7.
`
`“Th[e] heating blade is inserted into a Heatstick to heat the tobacco.” Ex. 8 at 15.
`
` When heated, the Tobacco Stick “produces an aerosol” of the tobacco products. Ex. 12 at 6. “When heated, the glycerin [in the
`Tobacco Stick] evaporates and re-condenses into small droplets to generate a visible aerosol.” Id. at 1,046.
` The Holder “generat[es] aerosol.” Ex. 8 at 15.
`
`wherein the elongated portion of the
`resistance heating element extends into the
`tobacco segment when the cigarette-type
`device is engaged with the mouth-end of the
`outer housing,
`such that during draw, aerosol-forming
`material can be volatilized to produce a
`visible mainstream aerosol incorporating
`tobacco components or tobacco-derived
`components that can be drawn into the
`mouth of the user of the smoking article.
`
`
`
`
`
`
`6
`
`Philip Morris Products, S.A.
`Exhibit 1025
`Page 006
`
`