-
`
`
`
`
`
`
`
`
`Exhibit C3
`
`The Accord Electrically Heated Cigarette Smoking System, including versions E3/E4, JLI, and K (together the “Accord”), alone or in combination
`with other prior art, anticipates and/or renders obvious under 35 U.S.C. §§ 102 and 103 the asserted claims (27-30) of U.S. Patent No. 9,901,123 (the
`“’123 patent”).1
`
`Respondents apply the prior art in light of Complainants’ improper assertions of infringement and improper application of the claims. Respondents
`do not agree with Complainants’ application of the claims, or that the claims satisfy 35 U.S.C. § 112. Respondents’ disclosures herein are not, and
`should in no way be seen as, admissions or adoptions as to any particular claim scope or construction, or as any admission that any particular element
`is met in any particular way. Respondents’ initial invalidity disclosures are made in a variety of alternatives and do not represent Respondents’
`agreement or view as to the meaning, definiteness, written description support for, or enablement of any claim addressed therein. The citations to the
`prior art below are exemplary and identify exemplary instances where the prior art discloses a given limitation expressly, implicitly, and/or
`inherently.
`
`Where Respondents cite to a particular document describing the Accord, the citation should be understood to be exemplary only. Respondents’
`investigation into this prior art system is ongoing, and Respondents reserve the right to supplement these contentions.
`
`U.S. Patent No. 9,901,123
`Cl.
`27(pre) An electrically-powered, aerosol-generating
`smoking article comprising:
`
`Accord Electrically Heated Cigarette Smoking System
`To the extent the preamble is limiting, it is disclosed and/or rendered obvious by the
`Accord.
`
`See, e.g., PMP_ITC08031864-1912 (“NHA-PL7”) at 1, 2 (“Electrically Heated Cigarette
`Smoking System”)
`
`NHA-PL7 at 29:
`
`
`
`1 The Accord is described in at least PMP_ITC05388821, PMP_ITC05378285-8478, PMP_ITC05439140, PMP_ITC05439405, PMP_ITC08031850,
`PMP_ITC08031851-1859, PMP_ITC08031860, PMP_ITC08031863, PMP_ITC08031864-1912, PMP_ITC08031913-1916, PMP_ITC08194419,
`1199_RESP00010284, 1199_RESP00010287, 1199_RESP00010289, 1199_RESP00010291, 1199_RESP00010293.
`1
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0001
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`27(a)
`
`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;
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`See, e.g., International Patent Application Publication No. WO 95/27412 (“Hajaligol”) at
`7 (“The invention also provides a heater for use in a smoking article having a source of
`electrical energy for heating a cylindrical cigarette”).
`
`Id. at 47 (Particularly, it is presently understood to be desirable to deliver between 5 and
`13 mg, preferably between 7 and 10 mg, of aerosol to a smoker for 8 puffs, each puff
`being a 35 ml puff having a twosecond duration.”).
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 35 (“The rechargeable EHCSS Battery in the EHCSS Lighter
`provides enough power to smoke about one and one half packs of Electrically Heated
`Cigarettes between charges.”)
`
`NHA_PL7 at 35:
`
`
`2
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0002
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`-
`designed to be easily +
`
`The recha rgeable EHCSS
`Battery is part of the HICSS
`Lighter. The Battery is
`
`removed and
`cleaned.
`
`You can charge
`41 the EHCSS
`..,r Battery either in
`the EHCSS
`Lighter, or on its
`own. To remove the
`Fig. I Battery from the
`EHCSS Light er, slide the
`Battery Rele ase Latch towards the
`
`f
`,.
`
`Fig.2
`
`
`PMP_ITC05388821 at -5388839:
`
`
`bottom of t he Lighter, while gentlly pulling
`the Battery from the EHCSS Li ghter (Fig. I).
`
`Place the Battery in the EHCSS Charger
`Base in the same way you would ch arge
`the EHCSS lighter (Fig.2). When the
`Battery is correctly in place,
`the red light on the EHCSS
`Charger Base t urns on. The
`Battery will be fully charged
`and ready to use in less than
`2 hours, or when the green
`light on th e EHCSS Charger
`Base goes on (Fig. 3).
`
`
`
`Product
`IDCoil ~ -r-
`
`Battery
`
`Circuit boards
`w/microchip
`
`/
`
`LCD
`
`J
`
`y
`
`
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`
`3
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0003
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`See, e.g., International Patent Application Publication No. WO 95/27412 (“Hajaligol”) at
`11 (“The power source 37 is sized to provide sufficient power for heating elements that
`heat the cigarette 23. The power source 37 is preferably replaceable and rechargeable
`and may include devices such as a capacitor, or more preferably, a battery. In a presently
`preferred embodiment, the power source is a replaceable, rechargeable battery such as
`four nickel cadmium battery cells connected in series with a total, non-loaded voltage of
`approximately 4.8 to 5.6 volts.
`
`Id. at Fig. 1:
`
`
`21"
`
`Fig. 1
`
`
`
`
`U.S. patent No. 5,249,586 (“Morgan”) at 4:44-50 (“Article 10 includes reusable or
`permanent’ portion 20 and disposable filter/flavor portion or cartridge 21 which is
`received in a cavity 30 at the mouth end of portion 20. Reusable portion 20 includes, at
`the end remote from the mouth end, a power source 22, which could include a battery, a
`
`4
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0004
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`capacitor or both.”).
`
`Morgan at 4:67-5:1 (“Portion 20 is preferably covered by cigarette wrapping paper 31, to
`give it the appearance”).
`
`
`27(b)
`
`at least one electrical resistance heater
`powered by said electrical power source,
`
`
`
`
`U.S. Patent Application Publication No. 2007/0102013 (“Adams”) at ¶ 3 (“The tobacco
`may have a variety of shapes including without limitation a pillow shape, a generally
`rotationally symmetric shape, a generally cylindrical plug, a generally cylindrical shell, a
`generally circular disk, a plug shape, a pellet shape, a cigarette shape, and the like.”).
`
`Adams at ¶ 43 (“the combination of the smoking system 20 and the mouthpiece 60
`cosmetically resembles a conventional cigarette.”).
`
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 19, Fig. 5 No. 8:
`
`
`5
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0005
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`NHA_PL7 at 5 (“
`
`PMP_ITC05388821 at -5388839:
`
`
`
`
`”).
`
`
`
`I Circ~it boards
`
`w/m1crochip
`
`LCD
`
`Product
`IDCoil -~J-
`
`Battery
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`
`6
`
`REDACTED --
`RELEVANCY
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0006
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`identified in these contentions.
`
`See, e.g., Hajaligol at 12 (“heating fixture 39 for heating [a] cigarette 23” and “electrical
`control circuitry 41 for delivering a predetermined amount of energy from [a] power
`source 37 to [the] heating elements … of the heating fixture.”).
`
`Id. at 37 (“The heating element 122 is deposited next. Any appropriate metal or alloy,
`with or without intermetallic/ceramic additives, can be employed, in a powder form if
`required by the deposition technique. More specifically, an approximately 0.1 to 5 mil
`layer of an electrically resistive material such as Nier alloy, Ni3Al alloy, NiAl alloy,
`Fe3Al alloy or FeCrAlY alloy is deposited by any known thermal spraying technique
`such as plasma coating or HVOF (High Velocity Oxy Fuel).”).
`
`Id. at Fig. 1:
`
`
`21 "
`
`27(c)
`
`wherein at least a portion of the resistance
`
`
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`
`Fig. 1
`
`
`
`7
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0007
`
`

`

`-
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`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;
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 19, Fig. 5 No. 8:
`
`
`
`
`NHA_PL7 at 5 (“
`
`PMP_ITC05388821 at -5388839:
`
`
`
`
`”).
`
`
`
`Product
`ID Coil - -~
`
`Circ~it boards
`w/m1crochip
`
`/
`
`LCD
`
`)
`
`
`
`8
`
`REDACTED --
`RELEVANCY
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0008
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`See, e.g., Hajaligol at 10 (“FIG. 12 is a perspective of view of a tubular heater having
`a common blade”).
`
`
`120
`
`------
`
`130
`
`JOO
`
`fo'IG. 12
`
`Id. at 12 (“Eight heating elements 122 are preferred to develop eight puffs as in a
`conventional cigarette”).
`
`Id. at 36 (“It may be desired to change the number of puffs, and hence the number of
`heaters 122, achieved when a cigarette is inserted into the cylindrical receptacle”).
`
`Id. at 45-46 (“In any of the foregoing embodiments, a common blade 320 as shown in
`FIGs. 11 and 12 can be employed to electrically connect the common hub 110 to the
`power supply via pin 99B. Common blade 320 extends from hub 110 in the same
`direction as the other blades and is not coated with either a ceramic or resistive heater
`during fabrication, i.e., common blade 120 is masked to comprise the substrate 300.
`Alternatively, the common blade is coated with a ceramic 310 to electrically insulate the
`
`9
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0009
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`common blade from surrounding components. Accordingly, the negative common
`contact for all of the heaters 122 is formed at the end of common blade 320 opposite
`common hub 110. Similarly, the respective positive connections for each heater 122 are
`formed at the end of heater blades 120 opposite hub 110, such that electrical connections
`are at the end of the heater arrangement opposite common hub 110. Thus, if desired the
`common hub 110 can serve to define the insertion end 360 or the cigarette and the
`blades 120, 320 can be supported at an opposite end by, e.g., spacer 49.”).
`
`Morgan at 6:46-52 (“heating elements 71 ... pierce and extend into disposable portion 21
`to provide the desired intimate thermal contact.”).
`
`Morgan at 1:32-36 (“The circuitry is designed so that at least one but less than all of the
`heating elements are actuated for any one puff, so that a pre-determined number of puffs,
`each containing a premeasured amount of to bacco flavor substance, is delivered to the
`smoker.”).
`
`Morgan at 5:18-25 (“Heating elements 23 are preferably distributed substantially
`uniformly around the circumference of cavity 30, and should preferably be spaced apart
`sufficiently that the regions of disposable portion 21 heated by neighboring heating
`elements 23 do not overlap, which could lead to reheating and the production of
`undesired compounds and off tastes.”).
`
`Morgan, Figs. 7 and 8.
`
`
`10
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0010
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`-
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`
`
`FIG?
`
`71 31
`\
`
`-
`72-:;
`7l<z.,
`7.\'·
`71<.,. '"
`72) -=
`
`41
`
`70i
`
`)
`-
`-
`-
`-
`-
`
`171
`
`(41
`
`31
`
`43\
`
`FIG
`· 8 §3
`12 ....-;- '1/
`= 52,
`J be
`1~80
`_;eo
`z
`·53>.
`-iy
`
`I
`U\
`12 52
`
`
`
`
`U.S. Patent No. 5,591,368 at 3:25-30 (heater design should mitigate “failure due to
`stresses induced by inserting and removing the cylindrical tobacco medium and also by
`adjusting or toying with the inserted cigarette”).
`
`Korean Patent No. 10-0636287 (“Park”) at 4 (“FIG. 3 is a perspective view showing the
`electrical heater of the present invention…. As shown therein, the electric heater 1 … is
`configured with a cylindrical body 10 into which a heat-not-burn cigarette 2 is
`inserted, … and a heating unit 30 installed in a probe shape inside the body 10 along a
`longitudinal direction of the body 10.”).
`
`
`11
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0011
`
`

`

`-
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`
`
`
`
`Adams at ¶ 45 (“rod constructed and arranged so that it can be inserted into and received
`by the tobacco plug”).
`
`Adams at ¶ 45 (“a small diameter compared to the transverse dimensions of the
`projection 72, sufficient heat may be generated by the projection 72 [such] that additional
`heat … is not needed”).
`
`Adams at Fig. 7.
`
`
`' -,-•
`
`70
`
`72
`
`"
`
`FIG . 7
`
`
`
`
`See also Adams at Abstract, cls. 6, 11.
`
`Philip Morris Incorporated Invention Record (submitted May 19, 1994; witnessed May
`23, 1994) (“May 1994 Invention Record”) at ¶ 5 (“made of a metallic tube that is tapered
`
`12
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0012
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`on one end with a solid [and] sharp head”)
`
`Id. at ¶ 8 (“All the steps, in making this heater, would be very similar to tubular heater”),
`
`Id. (“The heater substrate c[ould] be machined or stamped to the shape,” and “then by
`using thermal spray techniq[ues] resistive (heater) material w[ould] be deposited onto the
`outer surface.”).
`
`Id. (“After deposition of the heater material, it w[ould] be laser cut into an eight or six
`blade[] heater, and electrical leads w[ould] be brazed to each heater.”).
`
`Id., Fig. 2.
`
`
`27(d)
`
`a controller within the tubular outer housing
`and adapted for regulating current flow
`through the electrical resistance heater; and
`
`f '1" z - S".J., ,.,,,,.k • fq /..ad.-.. ,,,,.A
`t•f ,f,·//4,_
`
`
`
`
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`NHA_PL7 at 22:
`
`
`13
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0013
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`-
`
`
`
`
`
`
`
`
`PMP_ITC05388821 at -5388839:
`
`
`Product
`IDCoil - ----F<
`
`Battery
`
`Circ~lt boards
`w/m1crochip
`
`/
`
`LCD
`
`
`NHA_PL7 at 36 (“Each time you take a puff, the EHCSS Lighter will heat fresh tobacco
`in the Electrically Heated Cigarette”):
`
`
`
`
`14
`
`REDACTED -- RELEVANCY
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0014
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`Smoking With The EHCSS
`
`Push the totlacco end of the
`Electri cally Heated Cigarette
`straight down into the EH CSS
`lighter to the printed line
`below the filter (Fig. 11.
`
`When the Electrically Heated
`Cigarette is in the EHCSS Lighter, a
`cigarette symbol will appear in the
`Lighter Display (Fig. 11.
`
`Once the Electrically Heate d
`Cigarette is inserted properly, the
`EHCSS is ready to smoke. Just
`take a slow, relaxed puff whenev(cid:173)
`er you want one. Each time you
`take a puff, the EHCSS Lighter will
`heat fresh tobacco in the
`Electrica lly Heated Cigarette.
`
`The Electrically Heated Cigarette
`remains in the EHCSS Lighter until it is
`finished. As you take each puff, the cig(cid:173)
`arette symbol will get shorter. After tak(cid:173)
`ing you r last puff. the cigarette symtlol
`will flash accompanied by a
`
`blinking blue light on the Lighter t
`
`Display. Rem ove the Cigarette
`by pulling it straight out of the
`EHCSS Lighter (Fig. 31.
`
`Because of ttl e possibility that some
`un-noticed burning may continue
`within the Electrically Heated Cigarette
`after you are finished, dispose of the smoked
`Electrica lly Heated Cigarette in an ashtray as
`you would any other cigarette.
`
`
`
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`See, e.g., Hajaligol at 12 (“electrical control circuitry 41 for delivering a predetermined
`amount of energy from the power source 37 to heating elements”).
`
`Id. at 13 (“is preferably activated by a puff-actuated sensor 45, seen in FIG. 1, that is
`sensitive … to pressure drops that occur when a smoker draws on the cigarette 23”).
`
`Id. at 37 (“there is a predetermined minimum time before a subsequent puff is
`permitted … [i]f a longer puff is desired . . . the control logic is configured to fire another
`heater or additional heater(s) immediately after the pulsing of the initial heater, or during
`a final portion of the initial pulsing, to heat another segment of the cigarette.”).
`
`Hajaligol 14-15 (“Power sources, circuitry, puff-actuated sensors, and indicators
`useful with the smoking system 21 of the present invention are described in U.S. Patent
`No. 5,060,671 and WO 94/06314, both of which are incorporated by reference. The
`passageway and the opening SO in the spacer and the heater fixture base are preferably
`
`15
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0015
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`air-tight during smoking.”).
`
`U.S. Patent No. 5,060,671 at Fig. 10.
`
`
`-
`
`
`
`
`
`
`
`
`
`
`Id. at 10:20-29 (The most preferred embodiment of the present invention includes
`control circuit 32 of FIG. 10. Control circuit 32 preferably fulfills several functions. It
`preferably sequences through the ten (or other number of) heaters 110 to select the next
`available heater 110 each time switch 27 is closed. It preferably applies current to the
`selected heater for a predetermined duration that is long enough to produce sufficient
`flavor-containing substance for an average puff, but not so long that the charge of flavor
`generating medium can begin to burn.”)
`
`Id. at 10:56-11:59 (describing same).
`
`U.S. Patent No. 4,947,874 (“Brooks”) at 4:50-57 (“The use of such a reusable article
`with the cigarette and disposable portions of the invention is particularly advantageous in
`that it permits the use of (i) relatively large power sources, capable of generating 10 to 40
`watts of power or more, and (ii) accurate and sophisticated current actuation and
`current regulating means that normally would be too costly to incorporate into a single
`use, disposable article.”).
`
`
`16
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0016
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`27(e)
`
`a cigarette-type device removably engaged
`with the mouth-end of the tubular outer
`housing and comprising a tobacco segment
`circumscribed by a wrapping material and
`comprising a tobacco material and an
`aerosol-forming material,
`
`-
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`Brooks at Fig. 9.
`
`
`
`
`
`
`
`
`34
`
`~ /
`
`18
`
`124
`
`138
`
`11 4 130 132 155 145 143
`
`lt2 169
`
`147
`
`168 151
`
`161
`
`
`
`FIG. 9
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 36 (“Electrically Heated Cigarettes . . . Electrically Heated
`Cigarettes are made with premium grade tobaccos. They’re shorter than other brands, but
`you don’t get shortchanged on enjoyment. That’s because these cigarettes do not burn
`between puffs. In fact, it’s the same length when you’re finished as when you started.
`
`Inside a Cigarette, there is a ‘tobacco sheet’ under the white cigarette paper. This sheet is
`made from premium tobacco, like the densely packed cut tobacco that the sheet wraps
`around. It allows the Electrically Heated Cigarette to be reliably inserted and removed
`from the EHCSS Lighter.”
`
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`17
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0017
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`See, e.g., Hajaligol at 11 (“The cigarette 23 is adapted to be inserted in and removed
`from an orifice 27 at a front end 29 of the lighter 25.”).
`
`Id. at Fig. 1.
`
`
`Fig. 1
`
`
`
`
`Id. at 15 (“If desired, cigarette overwrap paper 69 is wrapped around the tobacco web 57.
`Types of paper useful as the overwrap paper 69 include a low basis weight paper,
`preferably a paper with a tobacco flavor coating, or a tobacco-based paper to enhance the
`tobacco flavor of a flavored tobacco response.”).
`
`Id. at 20 (“Preferably, a humectant, such as glycerin or propylene glycol, is added to the
`tobacco web 57 during processing in amounts equalling between 0.5% and 10% of
`humectant by the weight of the web. The humectant facilitates formation of a visible
`aerosol by acting as an aerosol precursor. When a smoker exhales an aerosol containing
`the flavored tobacco response and the humectant, the humectant condenses in the
`atmosphere, and the condensed humectant provides the appearance of conventional
`cigarette smoke”).
`
`
`18
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0018
`
`

`

`-
`
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`
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`
`
`
`Cl.
`27(f)
`
`U.S. Patent No. 9,901,123
`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,
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 36:
`
`
`The Electrically Heated Cigarette
`remains in the EHCSS Lighter until it is
`finished. As you take each puff, the cig(cid:173)
`arette symbol will get shorter. After tak(cid:173)
`ing your last puff, the ciga rette symbol
`will flash accompanied by a
`
`blinking blue light on the Lighter t
`
`Display. Remove the Cigarette
`by pulling it straight out of the
`EHCSS Lighter (Fig. 3).
`
`/ig.2
`
`Because of the possibility that some
`un-noticed burning may continue
`within the Electrically Heated Cigarette
`after you are finished, dispose of the smoked
`Electrica lly Heated Cigarette in an ashtray as
`you would any other cigarette.
`
`fioJ
`
`
`
`Smoking With The EHCSS
`
`Push the tobacco end of the
`Electrically Heated Cigarette
`straight down into the EHCSS
`Lighter to the printed line
`below the filter (Fig. f ).
`
`When the Electrically Heated
`Cigarette is in the EHCSS Lighter, a
`cigarette symbol will appea r in the
`Lighter Display (Fig. 2).
`
`Once the Electrically Heated
`Cigarette is inserted properly, the
`EHCSS is ready to smoke. Just
`take a slow, relaxed puff whenev(cid:173)
`er you want one. Each time you
`take a puff, the EHCSS Lighter will
`heat fresh tobacco in the
`Electrically Heated Cigarette.
`
`fiol
`
`NHA_PL7 at 41:
`
`+
`
`+t
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`
`
`
`19
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0019
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`methods and systems of the Accord and/or to combine the Accord with the other art
`identified in these contentions.
`
`See, e.g., Hajaligol at 10 (“FIG. 12 is a perspective of view of a tubular heater having
`a common blade”).
`
`
`12 0
`
`IJO
`
`--------
`
`JOO
`
`
`fo'IG. 12
`Id. at 12 (“Eight heating elements 122 are preferred to develop eight puffs as in a
`conventional cigarette”).
`
`Id. at 36 (“It may be desired to change the number of puffs, and hence the number of
`heaters 122, achieved when a cigarette is inserted into the cylindrical receptacle”).
`
`Id. at 45-46 (“In any of the foregoing embodiments, a common blade 320 as shown in
`FIGs. 11 and 12 can be employed to electrically connect the common hub 110 to the
`power supply via pin 99B. Common blade 320 extends from hub 110 in the same
`direction as the other blades and is not coated with either a ceramic or resistive heater
`during fabrication, i.e., common blade 120 is masked to comprise the substrate 300.
`Alternatively, the common blade is coated with a ceramic 310 to electrically insulate the
`common blade from surrounding components. Accordingly, the negative common
`contact for all of the heaters 122 is formed at the end of common blade 320 opposite
`common hub 110. Similarly, the respective positive connections for each heater 122 are
`formed at the end of heater blades 120 opposite hub 110, such that electrical connections
`
`20
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0020
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`are at the end of the heater arrangement opposite common hub 110. Thus, if desired the
`common hub 110 can serve to define the insertion end 360 or the cigarette and the
`blades 120, 320 can be supported at an opposite end by, e.g., spacer 49.”).
`
`Morgan at 6:46-52 (“heating elements 71 ... pierce and extend into disposable portion 21
`to provide the desired intimate thermal contact.”).
`
`Morgan at 1:32-36 (“The circuitry is designed so that at least one but less than all of the
`heating elements are actuated for any one puff, so that a pre-determined number of puffs,
`each containing a premeasured amount of to bacco flavor substance, is delivered to the
`smoker.”).
`
`Morgan at 5:18-25 (“Heating elements 23 are preferably distributed substantially
`uniformly around the circumference of cavity 30, and should preferably be spaced apart
`sufficiently that the regions of disposable portion 21 heated by neighboring heating
`elements 23 do not overlap, which could lead to reheating and the production of
`undesired compounds and off tastes.”).
`
`Morgan, Figs. 7 and 8.
`
`
`21
`
`
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0021
`
`

`

`-
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`U.S. Patent No. 5,591,368 at 3:25-30 (heater design should mitigate “failure due to
`stresses induced by inserting and removing the cylindrical tobacco medium and also by
`adjusting or toying with the inserted cigarette”).
`
`Korean Patent No. 10-0636287 (“Park”) at 4 (“FIG. 3 is a perspective view showing the
`electrical heater of the present invention…. As shown therein, the electric heater 1 … is
`configured with a cylindrical body 10 into which a heat-not-burn cigarette 2 is
`inserted, … and a heating unit 30 installed in a probe shape inside the body 10 along a
`longitudinal direction of the body 10.”).
`
`
`
`
`
`Adams at ¶ 45 (“rod constructed and arranged so that it can be inserted into and received
`by the tobacco plug”).
`
`Adams at ¶ 45 (“a small diameter compared to the transverse dimensions of the
`projection 72, sufficient heat may be generated by the projection 72 [such] that additional
`heat … is not needed”).
`
`Adams at Fig. 7.
`22
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0022
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`-
`
`
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`
`70
`
`I --e
`!
`
`
`
`·~; ii\f~ :Mti%'.
`I, :{:h~Jfft/lttff& 1
`
`-
`
`72
`
`--
`
`.. , .. _.
`:-.:::: ._._
`.. :,,·.:,
`
`24
`
`FIG. 7
`
`
`
`
`See also Adams at Abstract, cls. 6, 11.
`
`May 1994 Invention Record at ¶ 5 (“made of a metallic tube that is tapered on one end
`with a solid [and] sharp head”),
`
`Id. at ¶ 8 (“All the steps, in making this heater, would be very similar to tubular heater”),
`
`Id. (“The heater substrate c[ould] be machined or stamped to the shape,” and “then by
`using thermal spray techniq[ues] resistive (heater) material w[ould] be deposited onto the
`outer surface.”).
`
`Id. (“After deposition of the heater material, it w[ould] be laser cut into an eight or six
`blade[] heater, and electrical leads w[ould] be brazed to each heater.”).
`
`Id., Fig. 2.
`
`
`23
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0023
`
`

`

`Cl.
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`
`-
`
`
`
`
`
`
`
`27(g)
`
`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.
`
`f '1" z -
`
`s-<1.,,.,,,,.k • fq ~ ,,,,.A
`t•f ,f,·/L
`
`
`
`
`
`The Accord discloses and/or renders obvious this limitation, alone and/or in view of
`other references cited in these contentions.
`
`See, e.g., NHA_PL7 at 30 (“The EHCSS is a new way to smoke. It’s the first time that a
`cigarette and a lighter have been created exclusively for each other. EHCSS gives you
`smooth, satisfying taste with less smoke around you, no lingering odor and no ashes.”).
`
`NHA_PL7 at 36:
`
`
`Smoking With The EHCSS
`
`Push the tollacco end of the
`Electri cally Heated Cigarette
`straight down into the EH CSS
`lighter to the printed line
`below the filter (Fig. 11.
`
`When the Electrically Heated
`Cigarette is in the EHCSS Lighter, a
`cigarette symbol will appear in the
`Lighter Display (Fig. 21.
`
`Once the Electrically Heated
`Cigarette is inserted properly, the
`EHCSS is ready to smoke. Just
`take a slow, relaxed puff whenev(cid:173)
`er you want one. Each time you
`take a puff, the EHCSS Lighter will
`heat fresh tollacco in the
`Electrica lly Heated Cigarette.
`
`
`
`24
`
`The Electrically Heated Cigarette
`remains in the EHCSS Lighter until it is
`finished. As you take each puff, the cig(cid:173)
`arette symbol will get shorter. After tak(cid:173)
`ing your last puff, the cigarette symbol
`will flash accompanied by a
`
`lllinlting blue light on the Lighter t
`
`Display. Remove the Cigarette
`lly pulling it straight out of the
`EHCSS Lighter (Fig. 3).
`
`Because of the possibility that some
`un-noticed burning may continue
`within the Electrically Heated Cigarette
`after you are finished, dispose of the smoked
`Electrica lly Heated Cigarette in an ashtray as
`you would any other cigarette.
`
`
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0024
`
`

`

`
`
`”).
`
`--
`
`
`
`
`
`
`
`Cl.
`
`U.S. Patent No. 9,901,123
`
`-
`
`
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`NHA_PL7 at 11 (“
`”).
`
`
`
`NHA_PL7 at 12 (“
`
`PMP_ITC08194419 at :00:07-00:17:
`
`
`
`PMP_ITC05378285 at -5378301
`
`).
`
`
`Id. at -5378382
`
`
`
`
`
`
`
`
`
`
`
`
`
`).
`
`
`To the extent Complainants contend the Accord did not disclose or render obvious this
`limitation, this limitation was well known and/or it would have been obvious to use the
`methods and systems of the Accord and/or to combine the Accord with the other art
`
`25
`
`REDACTED -- RELEVANCY
`
`REDACTED -- RELEVANCY
`
`REDACTED
`--
`
`REDA
`CTED
`
`REDACTED -- RELEVANCY
`
`Ex. 2002-0025
`
`

`

`-
`
`
`
`
`
`
`
`U.S. Patent No. 9,901,123
`
`
`Exhibit C3
`
`Accord Electrically Heated Cigarette Smoking System
`identified in these contentions.
`
`See, e.g., Hajaligol at 13 (“The circuitry 41 is preferably activated by a puff-actuated
`sensor 45, seen in FIG. 1, that is sensitive either to pressure drops that occur when a
`smoke