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 .
Status of the Claims
Claims 1-22 and 32 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim 32 is new.
Claims 23-31 are cancelled.
Election/Restrictions
Applicant’s election without traverse of Group I: Claims 1-22 in the reply filed on 2/23/26 is acknowledged.
Claim Objections
Claim 12 is objected to because of the following informalities: Claim 12 comprises a misnumbered series of elements. Claim 12 should read: “wherein said one cannabis support is a cone of cannabis; the station for injecting cannabis oil includes i) an oil reservoir, ii) a syringe connected to the oil reservoir for receiving oil therefrom and having a needle and a plunger, [[ii)]] iii) an actuator for operating the plunger and [[iiI)]] iv) a gripping device for gripping the cone of cannabis from one of the number S minus 1 of cannabis support grippers of the cannabis support moving device; the gripping device being movable towards and away the needle.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-22 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Dishion (US 20240156149 A1) in view of Sullivan (US 20210022388 A1, cited in IDS dated 12/4/23)
Regarding Claim 1, Dishion discloses a smoking product manufacturing system (Abstract) comprising:
a number S of at least two different smoking products manufacturing stations, each for performing on one smoking support at a time a step among a sequence of steps for manufacturing a smoking product (The system may comprise a plurality of stations such as a closing station, cutting station, tamping station, and loading station. [0005]-[0007]);
the number S of at least two different smoking products manufacturing stations being positioned side-by-side according to the sequence of steps for manufacturing the smoking product (The selected stations may be positioned side-by-side according to the sequence of manufacturing steps. [0038], Fig 4);
a first one of the smoking products manufacturing stations being a smoking support picking station for performing a first step among the sequence of steps, which is picking said one smoking support among a plurality of smoking supports ("Step 1 includes loading the lower tube assembly 502 and the tray 504 (including the loaded cones) into the cone loading/unloading station 202. Step 2 includes picking up the cones with the pick and place gripper 204." [0038], Fig 4. While Dishion discloses loading and picking as separate steps, it would be obvious to one having ordinary skill in the art that the steps may be combined as a single first step or the steps may be renumbered such that loading occurs before the process begins and the first step of the process is picking); and
a smoking support moving device, including a number S minus 1 of smoking support grippers arranged side-by-side so that each of the smoking support grippers is operatively paired with a corresponding one of the manufacturing stations for simultaneous reciprocal movement between the corresponding one of the manufacturing stations and a next one thereof (The system includes grabbing at least one cone using the pick and place gripper and depositing the at least one cone into the holder assembly. [0006]. "In alternative embodiments, the pick and place gripper 204 may include any number of grippers 708 including, without limitation, one, two, three, five, and/or more than five grippers 708." [0041]);
each of the smoking support grippers being movable between a smoking support holding position and a smoking support releasing position ("The grippers 708 use the rubber pads to pinch and hold the cones as they are moved from the cone loading/unloading station 202 to the holder assembly 206." [0043], Fig 8).
Dishion does not explicitly disclose wherein the smoking products and smoking products manufacturing stations may be cannabis products and/or cannabis products manufacturing stations.
However, Sullivan teaches a similar manufacturing system comprising filling and closing smokable cones wherein the cones are filled with cannabis ([0007]-[0011]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the smokable material of Dishion with cannabis material as taught by Sullivan because Dishion and Sullivan are both directed to smokable cone shaped article manufacturing systems, Sullivan teaches the use of cannabis as the smokable material, and this merely involves applying a known smoking material component to a similar smoking article to yield predictable results.
Regarding Claim 2, Dishion further discloses a smoking product manufacturing system wherein the plurality of smoking supports are cones (the pick and place gripper is configured to grab at least one cone of the plurality of cones. [0005]).
Regarding Claim 3, Sullivan further discloses a cannabis product manufacturing system wherein the cannabis product is a cannabis joint (a smokable material of cannabis packed into a cone may be a joint. [0007]-[0011]).
Regarding Claim 4, Dishion further discloses a smoking product manufacturing system wherein the number S is 3 (The system may comprise of a three stations such as a loading station, closing station, and collection station. [0005]).
Regarding Claim 5, Dishion further discloses a smoking product manufacturing system
wherein the number S of at least two different smoking products manufacturing stations are selected from the group consisting of a station for forming said one smoking support (Steps 1 to 6 form the cone of smokable material. [0038], Fig 4) and
a station for filling the cones with product ("The method also includes filling the predetermined amount of smokable product in at least one cone using the measuring station" [0007]).
Dishion does not explicitly disclose a station for injecting oil in said one cannabis support.
However, Sullivan teaches a similar manufacturing system comprising a station for injecting oil in said one cannabis support ("Optionally, a hypodermic needle driven by a linear motor may be provided at the weighing and filling station to inject a resin or crystal isolate into the twisted cone to improve the quality of the product" [0033]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the filling station of Dishion to include an oil injection as taught by Sullivan because Dishion and Sullivan are both directed to smokable cone shaped article manufacturing systems, Sullivan teaches the use of an oil injection step at a filling station to improve the quality of the product, and this merely involves applying a known smoking material manufacturing element to a similar smoking article manufacturing to yield predictable results.
Regarding Claim 6, Dishion further discloses a smoking product manufacturing system
wherein said one smoking support is a cone of smoking material closed by a twisted tip ("the closing station 208 includes a twisting station." [0046], Fig 11);
the station for forming the smoking support includes a tip cutter for cutting the twisted tip, yielding a cone of smoking material with a rounded end (The cut station is configured to remove excess paper from the end of a cone after the cone has been closed. [0005], [0038]).
Regarding Claim 7, Dishion further discloses a smoking product manufacturing system wherein the station for forming the smoking support further includes a flattener for flattening the rounded end of the cone of smoking material (At the tamp station 214, the tops of the cones are supported with grippers and then pressed with an actuator to tamp each of the cones. [0037]).
Regarding Claim 8, Dishion further discloses a smoking product manufacturing system wherein the tip cutter defines an opening when opened (the cutters 1406 may include scissors or other known cutting devices such that the cutter comprises an opening between the tips of the cutters. [0052], Fig 14).
Dishion does not explicitly disclose wherein the flattener includes an impact tip that is movable through the cutter opening. However, given that the location of the flattener relative to the cutter merely involves a rearrangement of the flattener and/or cutter, the modification would be obvious to one having ordinary skill in the art. A person of ordinary skill in the art would find the rearrangement of the flattener relative to the cutter an obvious matter of design choice. See MPEP 2144.04(VI)(C). Therefore, it follows that a person having ordinary skill in the art, through rearrangement of the flattener and/or cutter stations disclosed in Dishion, would arrive at the flattener including an impact tip that is movable through the opening of the cutter as claimed, absent evidence to the contrary.
Regarding Claim 9, Dishion further discloses a smoking product manufacturing system wherein the station for forming the smoking support further includes a gripping device for gripping the cone of smoking material from one of the number S minus 1 of smoking support grippers of the smoking support moving device (grippers 1706 hold the cone at the tamping station 214. [0055], Fig 17).
Regarding Claim 10, Dishion further discloses a smoking product manufacturing system
wherein said one smoking support is a cone of smoking material having a distal end that is closed (the closing station 208 includes a twisting station such that the distal end is closed. [0046], Fig 11);
wherein the station for forming the smoking support includes a flattener for flattening the closed distal end (At the tamp station 214, the tops of the cones are supported with grippers and then pressed with an actuator to tamp each of the cones. [0037]).
Regarding Claim 11, Dishion further discloses a smoking product manufacturing system
wherein the flattener includes a rod-style actuator, having a base and a rod operatively mounted to the base therein (linear actuator 1704. [0056], Fig 17),
an impact tip, secured to the rod at a bottom end thereof (custom machined tips 1710. [0056], Fig 17), and
a rod course stopper, secured at the upper end of the rod (Wherein the pneumatic actuators 1704 can be adjusted to the proper height of each cone size, the actuators comprise a mechanism to stop actuation at a predetermined distance. [0056]).
Regarding Claim 12, Dishion further discloses a smoking product manufacturing system wherein a gripping device for gripping the cone of smoking material from one of the number S minus 1 of cannabis smoking grippers of the smoking support moving device while the cone is filled with smokable material ("The at least one cone is positioned in a cavity of a lower tube assembly and a tray during filling" [0007]).
Sullivan further discloses a smoking product manufacturing system
wherein said one smoking support is a cone of cannabis material (a smokable material of cannabis packed into a cone may be a joint. [0007]-[0011]);
the station for injecting cannabis oil includes i) an oil reservoir, ii) a syringe connected to the oil reservoir for receiving oil therefrom and having a needle and a plunger (injection by hypodermic needle. [0033]. Where Sullivan explicitly discloses a needle for injections, it would obvious to one having ordinary skill in the art that the needle and injection mechanism may comprise a reservoir for holding said injected substance.),
iii) an actuator for operating the plunger (the needle is driven by a linear motor. [0033]) and
iv) a gripping device for gripping the cone of cannabis from one of the number S minus 1 of cannabis support grippers of the cannabis support moving device; the gripping device being movable towards and away the needle (the hypodermic needle driven by a linear motor may be provided at the weighing and filling station. [0033]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the filling station of Dishion to include oil injection as taught by Sullivan because Dishion and Sullivan are both directed to smokable cone shaped article manufacturing systems, Sullivan teaches the use of an oil injection step at a filling station to improve the quality of the product, and this merely involves applying a known smoking material manufacturing element to a similar smoking article manufacturing to yield predictable results.
Regarding Claim 13, Dishion further discloses a smoking product manufacturing system wherein the number S of at least two different smoking products manufacturing stations and the smoking support moving device are comprised in a casing (closing machine 200 comprises a casing on which the stations are mounted. [0036]-[0037], Fig 2).
Regarding Claim 14, Dishion further discloses a smoking product manufacturing system
wherein the smoking support moving device includes a linear actuator comprising a base and a slider slidably mounted to the base (on rails 702, the Z-axis orienter 706 and the X-Y axis orienter 710 each includes a linear actuator driven. [0042]-[0043], Fig 7);
the number S minus 1 of smoking support grippers being mounted to the slider (grippers 708 are attached to the Z-axis orienter 706 and the X-Y axis orienter 710. [0043], Fig 7).
Regarding Claim 15, Dishion further discloses a smoking product manufacturing system wherein each of the number S minus 1 of smoking support grippers has a pair of jaws that are movable between a smoking support holding position and a smoking support releasing position; the smoking support releasing position yielding the pairs of jaws substantially parallel to the base (each gripper 708 comprises rubber pads capable of pinching, holding, and releasing cones; each gripper is parallel to the base. [0043], Fig 8).
Regarding Claim 16, Dishion discloses grippers as discussed above in Claim 1 but does not explicitly disclose wherein the smoking support grippers has a pair of jaws that are both generally S-shaped. However, given that the S-shaped grippers merely involve a change in shape of the grippers, the modification would be obvious to one having ordinary skill in the art. A person having ordinary skill in the art would find the particular shape of the grippers an obvious matter of design choice. See MPEP 2144.04(IV)(B). Therefore, it follows that a person having ordinary skill in the art, through reshaping of the grippers disclosed in Dishion, would arrive at the S-shaped grippers as claimed, absent evidence to the contrary.
Regarding Claim 17, Dishion further discloses a smoking product manufacturing system wherein at least one of the number S minus 1 of cannabis support grippers has a gripping portion configured for complementary receiving a smoking material cone (each gripper 708 comprises rubber pads for holding cones. [0043], Fig 8).
Regarding Claim 18, Dishion further discloses a smoking product manufacturing system
wherein the smoking support picking station includes a device for receiving and moving a tray including the plurality of smoking supports therein (cone loading/unloading station 202. [0038], Fig 4) and
a device for picking on the tray said one smoking support among the plurality of smoking supports (Step 2 includes picking up the cones with the pick and place gripper 204 from the loading station 202. [0037]-[0038], Figs 2-4).
Regarding Claim 19, Dishion further discloses a smoking product manufacturing system
wherein the device for receiving and moving a tray includes a first linear actuating mechanism, having a first base and a first slider (The closing machine 200 may be mechanically integrated into the system including the measuring station and the tamping station. [0036]. The cone loading/unloading station 202 is configured to receive the lower tube assembly 502 and the tray 504. [0039]. The holder assembly 206 moves the cones through the various stations. [0037]),
a table configured for receiving the tray secured to the first slider ("the cone loading/unloading station 202 includes at least one locking guide 508 configured to receive and lock in place the at least one locking tab 506." [0039], Fig 5. "holder assembly 206 is positioned below the pick and place gripper 204" [0044], Fig 9), and
a second linear actuating mechanism, having a second base and a second slider; the first base being secured to the second slider for solidary movement therewith (The holders 906 are attached to a linear actuator 902 and linearly actuated truck 904 which moves the cones to each of the stations. [0045], Fig 9. The duplication of parts, such as the first and second actuator/slider/base, has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04(VI)(B). Here, the duplication of the actuator, slider and base parts may add increased movement but increased movement would be an expected result which has no patentable significance over the prior art).
Regarding Claim 20, Dishion further discloses a smoking product manufacturing system
wherein the device for picking on the tray said one smoking support among the plurality of smoking supports includes: i) a rod-style actuator having a rod (on rails 702, the Z-axis orienter 706 and the X-Y axis orienter 710 each includes a linear actuator drive. [0042]-[0043], Fig 7),
ii) a rotary actuator mounted to the rod for solidary linear movement therewith and having an output (end trucks 712 are mounted with motors for movement. [0042]), and
iii) a small gripper secured to the output of the rotary actuator for solidary movement therewith for said picking on the tray said one smoking support among the plurality of smoking supports (each gripper 708 comprises rubber pads capable of pinching, holding, and releasing cones; each gripper is parallel to the base. [0043], Fig 8).
Regarding Claim 21, Dishion further discloses a smoking product manufacturing system wherein said picking a single smoking support among a plurality of smoking supports is performed during the simultaneous reciprocal movement of the smoking support grippers between the corresponding one of the manufacturing stations and a next one thereof (Steps 1-10 are repeatable and the closing machine 200 may be set up for automation. [0038]-[0063]. A limitation with respect to the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus where the prior art apparatus comprises all the structural limitations of the claimed apparatus. See MPEP 2114(II). Here, the recitation of a simultaneous operation of the components of the system is regarded as a manner of operating the apparatus /system which does not further limit the claim).
Regarding Claim 22, Dishion discloses a smoking product manufacturing system (Abstract) comprising:
a number S of at least two different smoking joints manufacturing stations, each for performing on one smoking cone at a time a step among a sequence of steps for manufacturing a smoking joint (The system may comprise a plurality of stations such as a closing station, cutting station, tamping station, and loading station. [0005]-[0007]);
the at least two different smoking joints manufacturing stations being positioned side-by-side according to the sequence of steps for manufacturing the smoking joint (The selected stations may be positioned side-by-side according to the sequence of manufacturing steps. [0038], Fig 4);
a first one of the smoking joints manufacturing stations being a smoking cone picking station for performing a first step among the sequence of steps, which is picking said one smoking cone among a plurality of smoking cones ("Step 1 includes loading the lower tube assembly 502 and the tray 504 (including the loaded cones) into the cone loading/unloading station 202. Step 2 includes picking up the cones with the pick and place gripper 204." [0038], Fig 4. While Dishion discloses loading and picking as separate steps, it would be obvious to one having ordinary skill in the art that the steps may be combined as a single first step or the steps may be renumbered such that loading occurs before the process begins and the first step of the process is picking); and
a smoking cone moving device, including a number S minus 1 of smoking cone grippers arranged side-by-side so that each of the smoking cone grippers is operatively paired with a corresponding one of the manufacturing stations for simultaneous reciprocal movement between the corresponding one of the manufacturing stations and a next one thereof (The system includes grabbing at least one cone using the pick and place gripper and depositing the at least one cone into the holder assembly. [0006]. "In alternative embodiments, the pick and place gripper 204 may include any number of grippers 708 including, without limitation, one, two, three, five, and/or more than five grippers 708." [0041]);
each of the smoking cone grippers being movable between a smoking cone holding position and a cannabis cone releasing position ("The grippers 708 use the rubber pads to pinch and hold the cones as they are moved from the cone loading/unloading station 202 to the holder assembly 206." [0043], Fig 8);
wherein the smoking support moving device includes a linear actuator comprising a base and a slider slidably mounted to the base (on rails 702, the Z-axis orienter 706 and the X-Y axis orienter 710 each includes a linear actuator drive. [0042]-[0043], Fig 7);
the number S minus 1 of smoking support grippers being mounted to the slider (grippers 708 are attached to the Z-axis orienter 706 and the X-Y axis orienter 710. [0043], Fig 7);
wherein the number S of at least two different smoking joints manufacturing stations are selected from the group consisting of a smoking joint forming station ("The method also includes filling the predetermined amount of smokable product in at least one cone using the measuring station" [0007]).
Dishion does not explicitly disclose wherein the smoking products and smoking products manufacturing stations may be cannabis products and/or cannabis products manufacturing stations and/or an oil injecting station.
However, Sullivan teaches a similar manufacturing system comprising filling and closing smokable cones wherein the cones are filled with cannabis ([0007]-[0011]) and an oil injection station ("Optionally, a hypodermic needle driven by a linear motor may be provided at the weighing and filling station to inject a resin or crystal isolate into the twisted cone to improve the quality of the product" [0033]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the smokable material of Dishion with cannabis material as taught by Sullivan and modify the filling station of Dishion to include oil injection as taught by Sullivan because Dishion and Sullivan are both directed to smokable cone shaped article manufacturing systems, Sullivan teaches the use of cannabis as the smokable material and an oil injection step at a filling station to improve the quality of the cannabis product, and this merely involves applying a known smoking material manufacturing element to a similar smoking article manufacturing system to yield predictable results.
Regarding Claim 32, Dishion discloses A cannabis products manufacturing system (Abstract) comprising:
a number S of at least two different smoking products manufacturing stations, each for performing on one smoking support at a time a step among a sequence of steps for manufacturing a smoking product (The system may comprise a plurality of stations such as a closing station, cutting station, tamping station, and loading station. [0005]-[0007]);
the number S of at least two different smoking products manufacturing stations being positioned side-by-side according to the sequence of steps for manufacturing the smoking product (The selected stations may be positioned side-by-side according to the sequence of manufacturing steps. [0038], Fig 4); and
a smoking support moving device, including a number S minus 1 of smoking support grippers arranged side-by-side so that each of the smoking support grippers is operatively paired with a corresponding one of the manufacturing stations for simultaneous reciprocal movement between the corresponding one of the manufacturing stations and a next one thereof (The system includes grabbing at least one cone using the pick and place gripper and depositing the at least one cone into the holder assembly. [0006]. "In alternative embodiments, the pick and place gripper 204 may include any number of grippers 708 including, without limitation, one, two, three, five, and/or more than five grippers 708." [0041]);
each of the smoking support grippers being movable between a smoking support holding position and a smoking support releasing position ("The grippers 708 use the rubber pads to pinch and hold the cones as they are moved from the cone loading/unloading station 202 to the holder assembly 206." [0043], Fig 8);
wherein a first one of the smoking products manufacturing stations being a smoking support feeding station for performing a first step among the sequence of steps, which is providing smoking supports to the smoking support moving device ("Step 1 includes loading the lower tube assembly 502 and the tray 504 (including the loaded cones) into the cone loading/unloading station 202" [0043]).
Dishion does not explicitly disclose wherein the smoking products and smoking products manufacturing stations may be cannabis products and/or cannabis products manufacturing stations. However, Sullivan teaches a similar manufacturing system comprising filling and closing smokable cones wherein the cones are filled with cannabis ([0007]-[0011]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the smokable material of Dishion with cannabis material as taught by Sullivan because Dishion and Sullivan are both directed to smokable cone shaped article manufacturing systems, Sullivan teaches the use of cannabis as the smokable material, and this merely involves applying a known smoking material component to a similar smoking article to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755