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 § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Sinclair Jr. et al. (US 2016/0088871) in view of Banerjee et al. (US 5839449).
Claim 24. Sinclair Jr. et al. discloses a smoking article 10 comprising a sheet of material 11 having a pair of opposed cuts, slots or scores 12, 13. In between the cuts 12 and 13 can be seen a hinge or tab or bridge section 22. The cuts 12, 13 and hinge 22 divide the sheet of material 11 into a larger section 14 and smaller section 18. The larger section 14 has side edges 15 and 16 and an end edge 17. The smaller section 18 has side edges 19, 20 and an end edge 21. Corrugations or folds 23 are formed on smaller section 18 in between side edges 19 and 20. The corrugations or folds enable the smaller section 18 to be collapsed so that the collapsed width 28 is smaller than the overall width 29 of the sheet of material 11. The smaller section 18 has been fully collapsed and gathered into a cylindrical shape (cylindrical filter which is cylindrical over the entire length of the filter) so that the smaller section 18 fits into the bore 32 of frustoconical form or mandrel 31. Mandrel or form 31 can have an open ended bore 32 that communicates with end openings 53, 54. Form or mandrel 31 has a smaller diameter opening 53 at end 51. Form or mandrel 31 has a larger diameter opening 54 at end 54. Smaller diameter end 51 has a circular rim 55. As will be described more fully hereinafter, sheet 11 has hinge 22 that folds over rim 55 after smaller section 18 is inserted into bore 132 at smaller end opening 53. After the collapsed smaller section 18 is inserted into bore 32, hinge or bridge section or tab 22 enables larger section 14 of sheet of material 11 to be folded so that it can be wrapped around the frustoconically shaped outer surface of form 31. The hinge 22 thus bends around the smaller diameter end 51 of form 31. This folding of the larger section 14 of sheet 11 about mandrel 31 can be seen in FIG. 6. In FIG. 7, sheet of material 11 is shown fully wrapped around mandrel 31 wherein smaller section 18 has been stored in bore 32 of mandrel 31 and larger section 14 has been wrapped around the frustoconically shaped outer surface of mandrel 31 (thus forming a conical paper sleeve). The apparatus 10 of the present invention enables a user or smoker 47 to insert his or her custom tobacco material or other smokable material 46 into hollow interior 36 of sheet 11 larger section 14 ([0130]-[0133]; [0136]; Figures 1-7). Form or mandrel 31 has a smaller diameter opening 53 at end 51 (first end). Form or mandrel 31 has a larger diameter opening 54 at end 54 (second end). Smaller diameter end 51 has a circular rim 55. Sheet 11 has hinge 22 that folds over rim 55 after smaller section 18 is inserted into bore 132 at smaller end opening 53. In FIG. 5, arrows 30 schematically illustrate the insertion of the collapsed or gathered smaller section 18 of sheet 11 into the bore 32 of mandrel or form 31. After the collapsed smaller section 18 is inserted into bore 32, hinge or bridge section or tab 22 enables larger section 14 of sheet of material 11 to be folded so that it can be wrapped around the frustoconically shaped outer surface of form 31. The hinge 22 thus bends around the smaller diameter end 51 of form 31. This folding of the larger section 14 of sheet 11 about mandrel 31 can be seen in FIG. 6. In FIG. 7, sheet of material 11 is shown fully wrapped around mandrel 31 wherein smaller section 18 has been stored in bore 32 of mandrel 31 and larger section 14 has been wrapped around the frustoconically shaped outer surface of mandrel 31 (Sinclair [0132]-[0133]; Figures 1-7). The sheet of material 11 may also include a protrusion or tab 142 (portion of paper sleeve which projects beyond the first end of the filter). A frustoconically shaped form 144 can be used to shape the sheet of material 141 into a cone as shown in FIGS. 77 and 78. A user 47 then glues the tab or protrusion 142 to the sheet 141 using adhesive or glue 143 as shown in FIG. 78 to provide a closed end at edge 146 ([0153]; Figure 78).
Sinclair Jr. et al. does not explicitly disclose that the cylindrical filter formed by smaller section 18 comprises activated carbon
Banerjee et al. discloses a cigarette smoking article comprising a first filter segment 68 which comprises a loosely gathered web of paper containing activated carbon (Column 6, lines 40-59).
Banerjee et al. discloses that the incorporation of activated carbon in the gathered web resulted in a greater reduction of gas phase components of mainstream smoke other than CO, e.g., carbonyls, than for filters without activated carbon. Such reduction in other gas phase components is especially significant when the amount of activated carbon in the gathered web is increased (Column 7, lines 8-23). It would have been obvious to one of ordinary skill in the art before the effective filing date to include activated carbon in the smaller section 18 (cylindrical filter) of Sinclair Jr. et al. to provide a greater reduction of gas phase components of mainstream smoke other than CO, e.g., carbonyls as taught by Banerjee et al.
Allowable Subject Matter
Claims 11 and 13-23 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art is Sinclair Jr. et al. (US 2016/0088871). Sinclair Jr. et al. discloses a smoking article 10 comprising a sheet of material 11 having a pair of opposed cuts, slots or scores 12, 13. In between the cuts 12 and 13 can be seen a hinge or tab or bridge section 22. The cuts 12, 13 and hinge 22 divide the sheet of material 11 into a larger section 14 and smaller section 18. The larger section 14 has side edges 15 and 16 and an end edge 17. The smaller section 18 has side edges 19, 20 and an end edge 21. Corrugations or folds 23 are formed on smaller section 18 in between side edges 19 and 20. The corrugations or folds enable the smaller section 18 to be collapsed so that the collapsed width 28 is smaller than the overall width 29 of the sheet of material 11. The smaller section 18 has been fully collapsed and gathered into a cylindrical shape (cylindrical filter which is cylindrical over the entire length of the filter) so that the smaller section 18 fits into the bore 32 of frustoconical form or mandrel 31. Mandrel or form 31 can have an open ended bore 32 that communicates with end openings 53, 54. Form or mandrel 31 has a smaller diameter opening 53 at end 51. Form or mandrel 31 has a larger diameter opening 54 at end 54. Smaller diameter end 51 has a circular rim 55. As will be described more fully hereinafter, sheet 11 has hinge 22 that folds over rim 55 after smaller section 18 is inserted into bore 132 at smaller end opening 53. After the collapsed smaller section 18 is inserted into bore 32, hinge or bridge section or tab 22 enables larger section 14 of sheet of material 11 to be folded so that it can be wrapped around the frustoconically shaped outer surface of form 31. The hinge 22 thus bends around the smaller diameter end 51 of form 31. This folding of the larger section 14 of sheet 11 about mandrel 31 can be seen in FIG. 6. In FIG. 7, sheet of material 11 is shown fully wrapped around mandrel 31 wherein smaller section 18 has been stored in bore 32 of mandrel 31 and larger section 14 has been wrapped around the frustoconically shaped outer surface of mandrel 31 (thus forming a conical paper sleeve). The apparatus 10 of the present invention enables a user or smoker 47 to insert his or her custom tobacco material or other smokable material 46 into hollow interior 36 of sheet 11 larger section 14 ([0130]-[0133]; [0136]; Figures 1-7).
Sinclair Jr. et al. does not disclose or suggest that the filter comprises an edge-side end piece and a smoking product-side end piece which both comprise a ceramic material.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments filed 12/10/25, with respect to claims 11 and 13-23 have been fully considered and are persuasive. The rejection of claims 11 and 13-23 has been withdrawn.
Applicant's arguments with respect to claim 24 has been fully considered but is not persuasive. Applicant argues that none of Sinclair, Banerjee, and Conner teach that the first conical paper sleeve diameter is smaller than the first filter diameter so that the first end of the filter, which is arranged towards the first end of the conical paper sleeve, abuts against the conical paper sleeve, and the conical paper sleeve projects beyond the first end of the filter. Examiner disagrees and cites [0153] and Figure 78 of Sinclair Jr. et al. which discloses that the sheet of material 11 may also include a protrusion or tab 142 (portion of paper sleeve which projects beyond the first end of the filter).
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 Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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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/KATHERINE A WILL/Primary Examiner, Art Unit 1747