la
`REDDIE & GROSE
`
`4 May 2020
`
`European Patent Office
`D-80298 Munich
`Germany
`
`BY E-FILING ONLY
`
`Dear Sirs
`
`European Patent Application No. 17187283.1
`AN ELECTRICALLY HEATED SMOKING SYSTEM WITH INTERNAL OR
`EXTERNAL HEATER
`of Philip Morris Products S.A.
`Our ref: P/64217 .EP03/AB/WP
`
`In response to the Third Party Observations filed on 30 November 2018 and on 2 March 2020, we
`are filing amended claims and the following comments. We are also filing a tracked version of the
`claims, showing the changes made.
`
`Amendments
`
`Claim 1 is amended and four new dependent claims have been added.
`
`Claim 1 is amended to limit to only two heating elements. This was previously in claim 19.
`
`New dependent claims have been added. Basis for new claim 20 can be found on page 7, lines 26-
`27. Basis for new claim 22 can be found on page 2, lines 27-31 . Basis for new claim 23 can be found
`on page 6, lines 21-23. Basis for new claim 24 can be found on page 6, lines 16-17.
`
`Response to objections raised in third party observations
`
`In our view, following the amendments made in our last response, of the objections raised in the third
`party observations, only the objection based on PL2 (WO95/27 411) needs to be addressed in detail.
`Amended claim 1 is inventive over PL2. This document discloses multiple inductor coils arranged so
`that one is upstream of the next. However, in the embodiment described with this arrangement there
`are at least four inductor coils disclosed (see Figure 4). There is no disclosure of an embodiment
`having only two inductor coils arranged in this manner.
`
`Starting from WO95/27 411 , the objective technical problem is to provide an alternative arrangement
`for heating a smoking article.
`
`It would not have been obvious to modify the embodiment of Figure 4 to provide only two heating
`elements. This is because the teaching of WO95/27 411 is that the number of discrete induction
`sources (i.e. coils) in the embodiment of Figure 4 should equal the number of desired puffs to be
`generated from a cigarette (see page 9 , lines 22-26). It is well known that the number of desired puffs
`
`REDDIE & GROSE LLP
`Patent and Trade Mark Attorneys
`London I Cambridge
`Red-che & ej,ose LLP 1s a I rrNted llabthty par1r1ersh1p registered 1n England and Wides 'Mth registered number c.x:J«J/46, and reg1ste,ed office address
`The W!,;te Chapel Building, IOWMe<hapel High Street. London El BOS.
`Regul•ted by the Intellectual Property Regulation Soard (IPREGI.
`
`The White Chapel Building
`10 Whitechapel High Street
`London El 8QS
`
`Tel: +44 (0)20 7242 0901
`Fax: +44 (0)20 7242 3290
`enquiries@reddie.co.uk
`
`www.reddie.co.uk
`
`VAT: GB 243 9087 49
`
`Ex. 2033-0001
`
`

`

`- 2 -
`
`from a cigarette is significantly more than two. WO95/27411 suggests six or more (see page 8, last
`paragraph) and 7-8 (see page 13, lines 5-7).
`
`There is therefore nothing to suggest that the skilled person would have modified the teaching of
`WO95/27411 to provide a system with only two heaters. The provision of only two heaters would
`render the system of WO95/27411 unsuitable for its intended purpose without other significant, and
`inventive, alterations.
`
`The clarity issues raised in the observations dated 30 November 2018 have been addressed by the
`previous amendment to the claims so that they the recite combination of the smoking system and the
`aerosol-forming substrate received in the system, the aerosol-forming substrate forming part of a
`separate smoking article.
`
`The objection raised based on D1 is based on a unreasonable interpretation of "heating element".
`
`The objection raised based on PL 1 is based on false logic. There is no reason why, if multiple
`heating elements 210 were used in the system of PL 1, they would inevitably be arranged so that they
`extend only partially along the length of the aerosol-forming substrate and so that one is upstream of
`the other.
`
`The objection raised based on PL3 is not relevant now that the claims are directed to the combination
`of a system with the heating elements and a separate smoking article.
`
`The objections based on PL4 are based on false logic. The system of PL4 seeks to obtain a uniform
`temperature. There is no reason why the teaching of PL4 would have been modified to arrive at an
`arrangement falling within the scope of claim 1.
`
`The objections based on PL5 are not reasonable. PL5 discloses only heating elements integrated
`with aerosol-forming material and is not a suitable starting point for the assessment of inventive step.
`Furthermore, starting from PL5, there would be no reason to provide only two heating elements.
`
`We submit that the application is in order for grant.
`
`Yours faithfully
`
`//ELECTRONICALLY SIGNED AND SUBMITTED//
`
`Will Ponder
`European Patent Attorney
`epo@reddie.co.uk
`
`P64217.EP03- response letter to EPO 4.05.2020
`
`Ex. 2033-0002
`
`

`

`Europaisches
`Patentamt
`European
`Patent Office
`
`Office europeen
`des brevets
`
`Letter accompanying subsequently filed items
`
`Representative:
`Mr. William PONDER
`Reddie & Grose LLP
`The White Chapel Building
`10 Whitechapel High Street
`London Greater London E1 BQS
`United Kingdom
`
`Phone: +44 (0)1223 360350
`Fax: +44 (0)207 2423290
`E-mail: epo@reddie.co.uk
`
`80298 Munich
`Germany
`Tel. +49(0)89 2399-0 I Fax -4465
`
`P.O. Box 5818
`2280 HV Rijswijk
`Netherlands
`Tel. +31(0)70 340-2040 I Fax -3016
`
`10958 Berlin
`Germany
`Tel. +49(0)30 25901-0 I Fax -840
`
`The document(s) listed below is (are) subsequently filed documents pertaining to the following application:
`
`Application number
`
`Applicant's or representative's reference
`
`17187283.1
`
`P/64217.EP03/WP I
`
`Description of document
`1 Reply from applicant/patentee regarding
`third party observations
`
`2 Amended claims (clean copy)
`
`3 Amended claims with annotations
`
`Original file name
`P64217.EP03- response letter to EPO
`
`Assigned file name
`TIPAREPL Y-1.pdf
`
`4.05.2020.pdf
`
`P64217.EP03 amended claims (clean)
`04.05.2020.pdf
`
`P64217.EP03 amended claims
`(marked) 04.05.2020.pdf
`
`CLMS-1.pdf
`
`CLMS-HWA-1.pdf
`
`Method of payment
`
`Not specified
`
`Payment
`
`Signatures
`
`Place:
`
`Date:
`
`Signed by:
`
`Representative name:
`
`Capacity:
`
`Cambridge
`
`05 May2020
`
`William Ponder 27168
`
`William PONDER
`
`(Representative)
`
`P/64217.EP03/WP
`
`Ex. 2033-0003
`
`

`

`1
`
`Claims
`
`1. An electrically heated smoking system (203) and an aerosol-forming substrate (205)
`
`received in the electrically heated smoking system, wherein the aerosol-forming
`
`5
`
`substrate forms part of a smoking article (201) separate to the electrically heated
`
`smoking system, the system comprising a heater for heating the substrate to form
`
`the aerosol, the heater comprising a first heating element (213), wherein the
`
`electrically heated smoking system and the heating element are arranged such that
`
`the first heating element extends a distance only partially along the length of the
`
`10
`
`aerosol forming-substrate, the heater further comprising a second heating element
`
`(214) arranged such that the second heating element extends a distance only
`
`partially along the length of the aerosol-forming substrate and is upstream of the first
`
`heating element, wherein both the first heating element and the second heating
`
`element extend partially or fully around a circumference of the aerosol forming
`
`15
`
`substrate and wherein the electrically heated smoking system comprises only two
`
`heating elements.
`
`2. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 1, wherein the first heating element is positioned towards the downstream
`
`20
`
`end of the aerosol-forming substrate.
`
`25
`
`3. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 1 or claim 2, wherein both the first and second heating elements extend fully
`
`around the circumference of the aerosol forming substrate.
`
`4. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the position of each heating element is
`
`fixed with respect to the electrically heated smoking system.
`
`30
`
`5. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the heating elements are independently
`
`controllable.
`
`6. An electrically heated smoking system and an aerosol-forming substrate according
`
`35
`
`to any one of the preceding claims, wherein the system is configured to heat different
`
`portions of the aerosol-forming substrate at different times.
`
`Ex. 2033-0004
`
`

`

`2
`
`7. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims wherein a ratio of the distance that the first heating
`
`element extends along the aerosol-forming substrate, to the length of the aerosol(cid:173)
`
`5
`
`forming substrate, is between 0.35 and 0.6.
`
`8. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein a ratio of the distance that the first
`
`heating element extends along the aerosol-forming substrate to the length of the
`
`10
`
`aerosol-forming substrate is around 0.5.
`
`9. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein a separation between an upstream end
`
`of the first heating element and a downstream end of the second heating element is
`
`15
`
`equal to or greater than 0.5 mm.
`
`10. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein a downstream end of the first heating
`
`element is upstream of a downstream end of the aerosol-forming substrate by a
`
`20
`
`distance equal to or greater than 1 mm.
`
`25
`
`11. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, further comprising a housing for receiving the
`
`aerosol-forming substrate and designed to be grasped by a user.
`
`12. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the aerosol-forming substrate is a solid
`
`substrate.
`
`30
`
`13. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the aerosol-forming substrate comprises
`
`a tobacco-containing material containing volatile tobacco flavour compounds which
`
`are released from the substrate upon heating.
`
`35
`
`14. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article has a total length
`
`Ex. 2033-0005
`
`

`

`3
`
`between approximately 30 mm and approximately 100 mm and an external diameter
`
`between approximately 5 mm and approximately 12 mm.
`
`15. An electrically heated smoking system and an aerosol-forming substrate according
`
`5
`
`to any one of the preceding claims, wherein the smoking article (201) is a cigarette.
`
`16. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article comprises an outer
`
`paper wrapper.
`
`10
`
`17. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article comprises a filter
`
`plug.
`
`15
`
`18. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 17, wherein the smoking article comprises a separation between the
`
`aerosol-forming substrate and the filter plug.
`
`20
`
`19. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the heating elements are electrically
`
`resistive heating elements.
`
`20. An electrically heated smoking system and an aerosol-forming substrate according
`
`25
`
`to any one of claims 1 to 18, wherein each heating element comprises an inductive
`
`heating element.
`
`21. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the user may puff directly on the smoking
`
`30
`
`article.
`
`22. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the electrically heated smoking system
`
`comprises a temperature sensor and control circuitry and is configured to control a
`
`35
`
`supply of electrical energy to the heating elements so that the heating elements reach
`
`a temperature of between approximately 250 °C and 440 °C.
`
`Ex. 2033-0006
`
`

`

`4
`
`23. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims wherein a ratio of the distance (x + y) that the first
`
`heating element and the second heating element together extend along the aerosol(cid:173)
`
`forming substrate, to the length I of the aerosol-forming substrate is between
`
`5
`
`approximately 0.5 and approximately 0.8.
`
`24. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the first heating element has a length
`
`which is greater than the length of the second heating element.
`
`Ex. 2033-0007
`
`

`

`1
`
`Claims
`
`1. An electrically heated smoking system (203) and an aerosol-forming substrate (205)
`
`received in the electrically heated smoking system, wherein the aerosol-forming
`
`5
`
`substrate forms part of a smoking article (201) separate to the electrically heated
`
`smoking system, the system comprising a heater for heating the substrate to form
`
`the aerosol, the heater comprising a first heating element (213), wherein the
`
`electrically heated smoking system and the heating element are arranged such that
`
`the first heating element extends a distance only partially along the length of the
`
`10
`
`aerosol forming-substrate, the heater further comprising a second heating element
`
`(214) arranged such that the second heating element extends a distance only
`
`partially along the length of the aerosol-forming substrate and is upstream of the first
`
`heating element, wherein both the first heating element and the second heating
`
`element extend partially or fully around a circumference of the aerosol forming
`
`15
`
`substrate and wherein the electrically heated smoking system comprises only two
`
`heating elements.
`
`2. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 1, wherein the first heating element is positioned towards the downstream
`
`20
`
`end of the aerosol-forming substrate.
`
`25
`
`3. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 1 or claim 2, wherein both the first and second heating elements extend fully
`
`around the circumference of the aerosol forming substrate.
`
`4. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the position of each heating element is
`
`fixed with respect to the electrically heated smoking system.
`
`30
`
`5. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the heating elements are independently
`
`controllable.
`
`135
`
`6. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the system is configured to heat different
`
`portions of the aerosol-forming substrate at different times.
`
`Ex. 2033-0008
`
`

`

`2
`
`7. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims wherein
`
`of the distance that the first
`
`heating element extends along the aerosol-forming substrate, to the length of the
`
`5
`
`aerosol-forming substrate, is between 0.35 and 0.6.
`
`8. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein
`
`of the distance that the first
`
`heating element extends along the aerosol-forming substrate to the length of the
`
`10
`
`aerosol-forming substrate is around 0.5.
`
`9. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein ~£Lseparation between an upstream
`
`end of the first heating element and a downstream end of the second heating element
`
`15
`
`is equal to or greater than 0.5 mm.
`
`10. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein a downstream end of the first heating
`
`element is upstream of a downstream end of the aerosol-forming substrate by a
`
`20
`
`distance equal to or greater than 1 mm.
`
`11. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, further comprising a housing for receiving the
`
`aerosol-forming substrate and designed to be grasped by a user.
`
`125
`
`30
`
`35
`
`12. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims4, wherein the aerosol-forming substrate is a solid
`
`substrate.
`
`13. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the aerosol-forming substrate comprises
`
`a tobacco-containing material containing volatile tobacco flavour compounds which
`
`are released from the substrate upon heating.
`
`Ex. 2033-0009
`
`

`

`3
`
`14. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article has a total length
`
`between approximately 30 mm and approximately 100 mm and an external diameter
`
`between approximately 5 mm and approximately 12 mm.
`
`5
`
`15. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article (201) is a cigarette.
`
`16. An electrically heated smoking system and an aerosol-forming substrate according
`
`10
`
`to any one of the preceding claims, wherein the smoking article comprises an outer
`
`paper wrapper.
`
`17. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the smoking article comprises a filter
`
`15
`
`plug.
`
`20
`
`25
`
`18. An electrically heated smoking system and an aerosol-forming substrate according
`
`to claim 17, wherein the smoking article comprises a separation between the
`
`aerosol-forming substrate and the filter plug.
`
`19. An electrically heated smoking system and an aerosol forming substrate according
`
`to any orw of the preceding claims,< omprising only PNO heating el@ments.
`
`19. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the heating elements are electrically
`
`resistive heating elements.
`
`20. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of claims 1 to 18, wherein each heating element comprises an inductive
`
`30
`
`heating element.
`
`21. An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims, wherein the user may puff directly on the smoking
`
`article.
`
`35
`
`~An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the preceding claims wherein the electrically heated smoking system
`
`comi:; rises a temperature sensor and control circuitry and is configured to control a
`
`Ex. 2033-0010
`
`

`

`4
`
`sui;;i;;ly of electrical energy to the heating elements so that the heating elements reach
`
`a temperature of between approximately 250 °C and 440 °C.
`
`5
`
`6&.-An electrically heated smoking system and an aerosol-forming substrate according
`
`to any one of the i;;receding claims wherein a ratio of the distance (x + y) that the first
`
`t1eatin element and the second heatin element to ether extend alon
`
`the aerosol(cid:173)
`
`forming substrate, to the length I of the aerosol-forming substrate is between
`
`approximately 0.5 and approximately 0.8.
`
`10
`
`n:=24....;..;._. __ A'-"--'n___;:;_el;..;;e--=-c=tr"""ic;..;;a=l l..__y-'h-'-e"-'a=t=e..;;;.d_s=m--'-'-"-o-'-'-k;.;...i n=gL.......;;;;.s..__ys"-'t=e-'-'-m-'----"a;;.;...n;..;;d;......;;;.;a.;..;.n_a=e=r--"o--=-s...:;.o.;_1-f.;..:o'--'-r'--'-m.;.;.;i n""'"'g-'-----'s'--'u=b...;;.s..;;;.tr..;:;;a~te
`according to any one of the preceding claims, wherein the first heating element has
`
`a length which is greater than the length of the second heating element.
`
`Ex. 2033-0011
`
`