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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-16, 18-25, 30 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claim 15, Applicant recites “a plurality of containers”, in lines 4-5 of this claim, but then further recites “the containers” later in the claim. Also, in the dependent claims 23-25 and 30, the term “the container” is used. These varied phrases cause confusion as it is not clear whether Applicant intends to recite “a plurality of containers”, “containers” or a single “container”. Appropriate amendment is requested, including simply using the term “containers”, initially, followed by “the containers” throughout the rest of the claim(s).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 32 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghiotti et al (US Pat App Pub 2019/0152627).
Ghiotti et al discloses a machine to manufacture cartridges for electronic cigarettes (see title) (read: consumable unit). The machine (11) comprises a unit (14) for filling casings with powdered tobacco which will ultimately be cartridges (3). This machine (11) further comprises a further drum (17) with a unit (18) for feeding a closing ring nut (9) (read: closure) to the casings and on to a station (19) for welding the closing ring nuts (9) arranged in succession along the periphery of the drum (see para. [0027]). Hence, since Ghiotti et al discloses an apparatus which produces a cartridge (read: consumable unit) having a closing rung nut (read: closure), it is capable of producing the consumable unit of claim 32 (corresponding to the claimed “[a] consumable unit manufactured using the apparatus of claim 15”).
Allowable Subject Matter
Claims 15-16, 18-25 and 30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The closest prior art of record fails to show the claimed apparatus for manufacturing a plurality of consumable units for use with an inhalation device that includes - in addition to a dosing station, a closure positioning station, and a closure securing station - a machine tray and a machine tray support for each of the dosing/closure/closure securing stations for supporting the machine tray in a predetermined position in the various stations when the said station works upon the containers received and supported in the machine tray. Hence, the claims are allowable over the prior art of record.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because of the claim amendments filed on July 24, 2025 which place the application in condition for allowance but for the rejection of claims 15-16, 18-25, 30, and 32 under 35 USC 112(b) and claim 32 under 35 USC 102.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE WALLS MAYES whose telephone number is (571)272-5836. The examiner can normally be reached Mondays and Thursdays, 8:00AM - 4:00PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIONNE W. MAYES/Primary Examiner, Art Unit 1747