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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/28/2026 has been entered.
Response to Amendment
Amendment filed 7/28/2026 has been entered and fully considered. Claims 1-9 and 12-14 are pending. Claims 1-5 are withdrawn. Claims 10 and 11 are cancelled. Claim is amended. No new matter is added.
Support for the first folding head is found in instant published paragraph [0071]-[0074], support for the second folding head is found in instant published paragraphs [0095]-[0096]) and support for the pre-folding station and end folding station being located one after another is found in instant published paragraphs [0135] and [0136] as well as in figure 2.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 7/28/2026, with respect to claim 6 have been fully considered and are persuasive. The prior rejections of the claims has been withdrawn.
Applicant argues that the cited art does not teach or suggest the two claimed folding heads, having their respective surfaces.
Examiner agrees.
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 6-9, 12-14 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.
Claim 6 requires that the folding station fold the pre-treated portion inwards by “at least 90 degrees”. Then requires two sub folding stations in said folding station. The first one deforms the end of the pre-treated portion by less than 90 degrees. The second deforms the pre-treated portion by “about 90 degrees’ or “larger than 90 degrees”. There is a conflict in the scope of the inwards degree between the second folding station and the “at least 90 degrees. The “at least 90 degrees” includes 90 degrees. Whereas, the “about 90 degrees” includes values slightly less than 90 degrees (MPEP 2144.05, I) and “larger than 90 degrees” necessarily includes values greater than 90 degrees. Thus, the second folding station includes angles that aren’t 90 degrees, which is within the scope of “at least 90 degrees.
Claims 7-9 and 12-14 are rejected for depending from claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HOLDERMAN et al. discloses an ignitable device having plant matter therein (Paragraph [0106]) comprising a body, 603, (Paragraph [0096]) a cavity holding a liquid therein, 1124, (Paragraph [0103]); a mouthpiece element, 1101 (Paragraph [0103]) and a deformable tubular element having an open distal end (Paragraphs [0103]-[0105]; See item 1123 in figures 6P and 6O). The deformable end is placed into a folding element (e.g., device for manufacturing an inhaler article) causing the end to form folds, 1130, in the form of crimps (e.g., pre-treating the distal end to reduce structural stability) and then continuing to fold the end past 90 degrees and into the plant matter by means of a concavely shaped folding head (See figures 6L, 6N) (Paragraphs [0103]-[0106]). As seen in figures 6D-6F, and paragraph [0101] of HOLDERMAN et al., the tip of the deformable tubular element goes from a pre-folded end, to an end that is folded into an end with a convex shape, and then ultimately to a concave shaped end, and thus implicitly past 90 degrees into the plant matter.
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The folding tip, 670, is an equivalent pre-treatment station in that it is a crimping head for reducing structural stability.
However, HOLDERMAN et al. only discloses a single folding head, 604, and not two as required by claim 6.
ROBINSON (US 0662027) describes the crimping, folding and tucking of the end of a cigarette (Figures 1 and 2; Page 1, lines 55-75) by using respective heads. However, the shape of the heads isn’t disclosed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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