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 Objections
Claims 1-3 are objected to because of the following informalities:
-Regarding claim 1, in line 9, the word “at” in front of the word “burst” should be deleted and replaced with -- a --.
-Regarding claim 2, in lines 1-4, the word -- air -- should be inserted in front of each occurrence of the words “pressure applicator”.
-Regarding claim 3, in lines 1-4, the word -- air -- should be inserted in front of each occurrence of the words “pressure applicator”.
Appropriate correction is requested.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date as follows:
-This application repeats a substantial portion of prior Application No. 16/380,167, filed on April 10, 2019, and adds disclosure not presented in the prior application. For example, in the claims, Applicant recites a “chamber” instead of a “funnel”; an “air pressure applicator” instead of a “packing rod”; and a “pressure source” instead of a “pneumatic system” when none of these terms are disclosed in the Parent Application 16/380,167. Additionally, Applicant has recited “a controller adapted to selectively activate the pressure source to expel gas from the distal endless wherein the controller is adapted to appl a burst of gas at a first pressure, actuate the actuator, and then apply another burst of gas at a second pressure”; however, there is no disclosure of a “controller” as it relates to the “packer station” (packing station) in the written disclosure of the Parent Application.
Because this application names the inventor or at least one joint inventor named in the prior application, it may actually constitute a continuation-in-part (CIP) of the prior application, not a continuation (CON). Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
In light of the aforementioned, for examination purposes, the claims will be examined as if the effective filing date of the claimed invention is the date of filing of the instant application - July 11, 2023.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Holderman et al (US. Pat. App. Pub. 2019/0328033) in view of Kelly (US. Pat. App. Pub. 2025/0302088).
Regarding independent claim 1, and dependent claim 4, Holderman et al discloses an automated packaging apparatus/system that packages loose particles, such as leaves, into a conical container as well as the final folded packages (see abstract) (corresponding to the claimed “[a] packer station”).
The packaging apparatus/system comprises a packing station (500) which includes, among other things, a packer head (570), an outlet funnel (550) (read: chamber) with an exit hole (551) (see para. [0087]) (corresponding to the claimed “chamber having an exit hole”).
The packer head (570) is essentially an enclosed block (or container) that prevents leaves form escaping the funnel (550) and it helps guide a packing rod (541) (read: air pressure applicator). The packing rod (541) is connected to a packing rod actuator (542) that moves the packing rod (541) within the packer head (570). The packing rod (541) is hollow and connected to a pneumatic system (read: pressure source) that provides pressurized gas through the tip (540) (read: distal end) of the packing rod (541) (see paras. [0091],[0093]) (corresponding to the claimed “an air pressure applicator connected to an actuator and having a distal end that is connected to a pressure source and adapted to expel gas from the air pressure applicator; wherein the actuator”).
Leaves fall into the packer had (570) and the packing rod (541) in the down position prevents leaves form falling out early. Then the packing rod actuator (542) separates the packing rod tip (540) from the exit hole (551) in the bottom of the funnel (550). Holderman et al further discloses that successive pressurized bursts of gas are applied and, after each burst additional leaves are permitted to fall past the tip of the packing rod such that the pressurized burst pushes the leaves into the cone. In one embodiment, the pressure of one or more of the bursts of pressurized gas may be varied (see para. [0093]-[0094]). Holderman et al does not also further disclose that “a controller” is adapted to apply these pressurized bursts of air at a first pressure, actuate the actuator, and then apply another burst of gas at a second pressure; however, the Kelly reference discloses a device for packing smokable (read: leaves) material into a smoking cone wherein a sequence of gas bursts is used to compact the smoking material into the smoking cone. These gas bursts can be controlled via manual or electrically adjusted flow and pressure regulation (read: a controller) (see abstract, and paras. [0024], and claim 11). Hence, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have utilized a controller for regulating the application of the gas bursts applied to assist in pushing the leaves of Holderman et al into the cone since the use of such a device for this same purpose is already known from the Kelly disclosure (corresponding to the claimed “a controller adapted to selectively activate the pressure source to expel gas from the distal end; wherein the controller is adapted to apply a burst of gas at a first pressure, actuate the actuator, and then apply another burst of gas a second pressure”).
And, lastly, while Kelly does not explicitly state that its “controller”, in addition to regulating the pressure of its gas bursts, also actuates the movement of its actuator(s) (108) in a manner that it controls the application of a burst of gas at a first pressure, actuates the actuator, and then controls the application of a burst of gas at a second pressure, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have adapted the controller to do so in order to coordinate the two actions to allow for a simple and more efficient overall operation (corresponding to the claimed “wherein the controller is adapted to apply a burst of gas at a first pressure, actuate the actuator, and then apply another burst of gas at a second pressure”)
Regarding claim 2, Holderman et al discloses that the tip (540) (read: distal end) of its packing rod (541) may be conical (see para. [0093]) (corresponding to the claimed wherein the distal end of said pressure applicator further comprises a conical shape that decreases in circumferences in the direction form a proximal end of the pressure applicator to the distal end of the pressure applicator”).
Regarding claim 3, Holderman et al discloses that the packing rod (541) (read: air pressure applicator) may be set in a down position such that it closes the exit hole (551) in the bottom of the packer head (570). For example, the packing rod (541) has an external circumference that is approximately equal to the circumference of the exit hole (551) such that the packing rod (541) may extend into the exit hole (551) and substantially plug the exit hole (551). The actuator (542) may slide the packing rod (541) within the packer head (570) and into and out of the exit hole (551) to selectively plug and unplug the exit hole (551) (see para. [0092]) (corresponding to the claimed “wherein the actuator is adapted to slide the pressure applicator into the exit hold to plug the exit hole and only partially withdraw the pressure actuator out of the exit hole such that at least a portion of the conical distal end of the pressure applicator remains within the exit hole when the pressure applicator is in a withdrawn position”).
Regarding claim 4, Holderman discloses, for example, that the first burst of pressurized gas may be applied at 60 psi, the second at 60 psi, the third at 45 psi, the fourth at 30 psi and the fifth at 30 psi or less (see para. [0094]) (corresponding to the claimed “wherein the bursts of pressurized gas comprise a first burst of pressurized pas at 60 psi, a second burst of pressurized gas at 60 psi, a third burst of pressurized gas at 45 psi, a fourth burst of pressurized gas at 45 psi and a fifth burst of pressurized gas at 30 psi or less”).
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Kelly (US. Pat. App. Pub. 2025/0302088).
Regarding independent claim 1, Kelly discloses a system for frictionless compaction (read: packing) of smokable material which includes a device for filling a smoking cone. The system discharges a sequence of controlled air bursts to completely compact smoking material into each smoking cone (see abstract) (corresponding to the clamed “[a] packer station”).
The smoking cone (140) (read: chamber) into which smokable material is compacted has a cone body (178) which includes a large opening (180) (read: exit hole) (see para. [0035]) (corresponding to the claimed “a chamber having an exit hole”).
The Kelly system includes a base coupled to one or more actuators (108) which are connected to nozzle assemblies (124) (read: air pressure applicator) which carry nozzles (128). The actuators (108) are configured to raise and lower (i.e., move vertically) said nozzles (124/128) along a longitudinal axis (L). In the lowered position, the nozzles (128) are inserted into respective smoking cones (140) to deliver bursts of compressed gas (read: from a pressure source) to the cones (140) from the distal end (122) of said nozzles (128) (see paras. [0004], [0027], [0040], [0042]) (corresponding to the claimed “an air pressure applicator connected to an actuator and having a distal end that is connected to a pressure source and adapted to expel gas from the air pressure applicator; wherein the actuator is adapted to move the position of the distal end when actuated”).
When the nozzle assembly (124) is in its lowered position and each nozzle (128) is inserted in its respective smoking cone (140), the compressed gas exits the nozzles (128) at desired intervals, for a desired duration, and at a desired pressure as set by the user. Hence, the duration, amount of pressure, and number of intervals of pressurized gas applied are all configurable by the user. For example, a typical compaction cycle may include three blasts of gas released at various pressures (read: first pressure, second pressure) that range from 12-20 psi. In another embodiment, the gas may be released at a maximum pressure of 120 psi. As such, pressure may be increased or decreased during compaction within a specific puff/blast of pressurized gas or across any number of puffs/blasts of pressurized gas. Further, these gas blasts can be controlled via manually or electrically adjusted flow and pressure regulation (read: a controller). At the end of the gas blast sequence, the nozzle assembly (124) is raised to its resting position (see abstract, and paras. [0024],[0040],[0041]) (corresponding to the claimed “a controller adapted to selectively activate the pressure source to expel gas from the distal end”).
And, lastly, while Kelly does not explicitly state that its “controller”, in addition to regulating the pressure of its gas bursts, also actuates the movement of the actuators (108) in a manner that it controls the application of a burst of gas at a first pressure, actuates the actuator and then controls the application of a burst of gas at a second pressure, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have adapted the controller to do so in order to coordinate the two actions so as to allow for a simple and more efficient compacting operation (corresponding to the claimed “wherein the controller is adapted to apply a burst of gas at a first pressure, actuate the actuator, and then apply another burst of gas at a second pressure”)
Regarding claim 2, Kelly discloses that its nozzles (128) (read: air pressure applicator) have a portion that is greater in circumference towards the nozzle holder (130) than a portion inserted into the smoking cone (140), and exit holes that are angled (133) for better compaction of the smoking material (141) in the smoking cone (140). As evident from Figure 3 (at least), the above features result in the distal end of the nozzle being “conical” in shape (see para. [0029] and Fig. 3) (corresponding to the claimed “wherein the distal end of said pressure applicator further comprises a conical shape.
Conclusion
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).
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DIONNE W. MAYES/Primary Examiner, Art Unit 1747