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 § 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(s) 1-2, 5-7, 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Partansky et al. (U.S 20210267265).
Regarding claim 1, Partansky discloses a pre-roll filling system comprising:
a pre-roll receiving component (by reference sign 116, fig. 4) operable to receive a plurality of pre-rolls;
a filling component (by reference sign 312, figs. 4, 7 and 8) operable to deposit infusion material via at least one needle into the plurality of pre-rolls; and
a translating component operable to translate the pre-roll receiving component along a longitudinal axis [0048-0051].
Regarding claim 2, Partansky discloses wherein the pre-roll receiving component includes a plurality of holding channels operable to receive the plurality of pre-rolls, wherein the holding channels are arranged in at least one row extending along the longitudinal axis (by reference sign 116, fig. 4 and [0051]).
Regarding claim 5, Partansky discloses wherein the pre-roll receiving component includes at least two filling containers [0078].
Regarding claim 6, Partansky discloses wherein each of the at least two filling containers are removable [0078].
Regarding claim 7, Partansky discloses the filling component is operable to move the at least one needle into the plurality of pre-rolls proximate a bottom of the pre-rolls and depositing the infusion material into the pre-rolls as the at least one needle is lifted vertically towards a top of the pre-rolls (see figs. 4-5, 7-8).
Regarding claim 12, Partansky discloses a needle receiver is operable to receive the at least one needle, wherein the needle receiver includes at least one channel that is in fluid communication with one or more ports (by reference sign 310-312, fig. 3).
Regarding claim 11, Partansky discloses the pre-roll receiving component includes a cover which forms a plurality of apertures operable to receive the at least one needle, wherein the plurality of apertures corresponds with the plurality of pre-rolls (see figs. 4-5 and 7-8).
Regarding claim 13, Partansky discloses a needle heater is operable to receive and heat air flowing from an air source ([0020] and 114, fig. 3).
Regarding claim 14, Partansky discloses the needle heater is operable to direct the heated air onto the at least one needle ([0020] and 114, fig. 3).
Regarding claim 15, Partansky discloses the infusion material includes at least one of: terpene fluid, resin, rosin, sauce, distillate oil, hash, wax, and/or flavoring material [0024].
Regarding claim 16, Partansky discloses the translating component includes a tray operable to receive the pre-roll receiving component [0048-0051].
Regarding claim 17, Partansky discloses the translating component includes continuous tracks that are moved by a motor [0048-0051].
Regarding claim 18, Partansky discloses the translating component is operable to translate the pre-roll receiving component along the longitudinal axis in a first direction and a second direction opposite the first direction [0048-0051].
Regarding claim 19, Partansky discloses a removal component operable to push the pre-rolls out of the pre-roll receiving component [0048, 0053 and 0068].
Regarding claim 20, Partansky discloses wherein the removal component includes a plurality of poles operable to be inserted through corresponding bottom apertures in the pre-roll receiving component to abut against and push the pre-rolls out of a top of the pre-roll receiving component [0048, 0053 and 0068].
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.
Claim(s) 3-4 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Partansky et al. (U.S 20210267265).
Regarding claim 3, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the pre-roll receiving component of Partansky to include a plurality of holding channels operable to receive the plurality of pre-rolls, wherein the holding channels are arranged in two rows extending along the longitudinal axis. Mere duplication of parts (two rows) has no patentable significance unless a new and unexpected results is produced (see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Regarding claim 4, Partansky discloses a needle instead of two needles. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the filling component includes two needles that are arranged such that each of the two needle corresponds with a corresponding row of the two rows. Mere duplication of parts (two rows) has no patentable significance unless a new and unexpected results is produced (see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960))
Regarding claims 8-10, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed configuration of the deposited infusion material.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 10/02/2025 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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