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 .
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.
Claim Objections
Claim 2 is objected to because of the following informalities: the word “to” is missing between “adapted” and “removably” in line 2 which should read “an enclosure adapted to removably attach to the container”.
Appropriate correction is required.
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.
Claims 1-6, 10-13, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thal (US 4,944,317).
Regarding claims 1-3 and 11, Thal discloses a tobacco portion (7) intended to be smoked in a pipe and comprising a metal-foil cup (9) whose outer shape corresponds substantially to the shape of the cavity of the pipe bowl. In order to ensure that the tobacco retains its moisture content and aromatic flavour when stored over long periods of time, the cup is isolated from atmosphere by means of removable sealing means (16, 18) (abstract).
Each tobacco portion (7) (anticipates a pod of Claim 1 and 11) comprises a cup-shaped container (9) which is produced by shaping an impervious metal foil, e.g. aluminum foil, which will withstand the heat generated by combustion of the tobacco (10) (anticipates a smoking material), which tobacco may completely or partially fill the container (9). (Fig. 2, col 2 lines 52-60) This anticipates a container comprising a prefilled amount of smoking material of Claims 1 and 11. The container (9) has an opening (14) remote from the container bottom (13). (Fig. 2, col 3 lines 5-7)
The container (9) is placed in an impervious container (18) during storage, the container (18) of the illustrated embodiment having a circular flange (15) which encircles the container opening and which is heat-sealed or glued to a cover sheet (FIG. 4), a strip (FIG. 2) or a sheet 16. The cover sheet (16) or the like may comprise a metal foil, a plastic foil or an airtight laminate. (col 3 lines 12-24) Container (18) and cover sheet (16) anticipate an enclosure of Claims 2, 3, and 11.
The cup (9) and the cover layer (16) are joined together in a manner which enables them to be readily separated. (col 3 lines 22-24) This anticipates the enclosure removably attaches to the container of Claims 2 and 11 and anticipates the enclosure removably detaches from the container of Claims 3 and 11. As shown in Fig. 2 this anticipates the enclosure encloses and seals one or more openings of the container with the prefilled amount of smoking material contained therein of Claim 2, 3 and 11.
Claims 1 and 11 recite the functional language: “adapted to removably insert into a bowl cavity of a bowl pipe adapted for smoking the smoking material when the container is inserted within the bowl cavity”. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP § 2144).
Regarding claims 4 and 12, Thal discloses the cover sheet (16) or the like may comprise a metal foil, a plastic foil or an airtight laminate. The cup (9) and the cover layer (16) (anticipates an attachment component of the enclosure of Claims 4 and 12) are joined together in a manner which enables them to be readily separated. (col 3 lines 18-24)
One of ordinary skill in the art would be reasonably suggested physical deformation of the cover (16) must be present upon readily separating the cup (9) and the enclosure cover layer (16) that must render the enclosure cover layer (16) inoperable for reattachment to the container (18) as the cover layer (16) is heat-sealed or glued to the container (18) as discussed in col. 3 lines 12-24 of Thal. This anticipates Claims 4 and 12.
Regarding claims 5 and 13, Thal discloses container (9) opening (14) (anticipates an open top side of Claims 5 and 13) remote from the container bottom (13) (anticipates a container base wall of Claims 5 and 13); the top of the cup (e.g., container) (9), the bottom part of container or cup (9) has perforations (17) provided therein (anticipates a plurality of openings formed through a base wall of the container of Claims 5 and 13). (Fig. 3 col. 5-10)
Regarding claim 6, Thal discloses container (18) comprises a base enclosure portion adapted to cover and enclose the base wall (Fig. 2) and cover sheet (16) (anticipates top enclosure portion) adapted to cover and enclose the open top side (Fig. 4, col 3 lines 12-19)
Regarding claims 10 and 15, the bowl pipe is not positively recited by the claims and therefore, Thal still properly anticipates Claims 10 and 15.
Regarding claim 16, Thal discloses in a plurality of tobacco portions (7) (e.g., pods) mounted on a strip-like cover sheet (16) illustrated in Figs. 2 and 3 (anticipates a pod pack). (col. 3 lines 24-26) Each tobacco portion (7) comprises a cup-shaped container (9) which is produced by shaping an impervious metal foil, e.g. aluminum foil, which will withstand the heat generated by combustion of the tobacco (10) (anticipates a smoking material), which tobacco may completely or partially fill the container (9). (Fig. 2, col 2 lines 52-60) This anticipates a container comprising a prefilled amount of smoking material of Claim 16.
Claim 16 recites the functional language: “adapted to individually and removably insert into a bowl cavity of a bowl pipe adapted for smoking the smoking material when the container is inserted within the bowl cavity”. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP § 2144).
Regarding claim 17, Thal discloses container (9) is placed in an impervious container (18) during storage, the container (18) of the illustrated embodiment having a circular flange (15) which encircles the container opening and which is heat-sealed or glued to a cover sheet (FIG. 4), a strip (FIG. 2) or a sheet 16. The cover sheet (16) or the like may comprise a metal foil, a plastic foil or an airtight laminate. (col 3 lines 12-24) Container (18) and cover sheet (16) anticipate the enclosures of Claim 17. Further,
cup (9) and the cover layer (16) are joined together in a manner which enables them to be readily separated. (col 3 lines 22-24) This anticipates enclosures respectively attached to the containers removably attach to the containers and as shown in Fig. 2, this anticipates enclosures that enclose and seal openings of the containers with the prefilled amount of smoking material contained therein, wherein the enclosures removably detach from the container. This anticipates Claim 17.
Regarding claims 18 and 19, Thal discloses when a plurality of tobacco portions (7) are mounted on a strip-like cover sheet (16), as in the case of the embodiment illustrated in FIGS. 2 and 3, the strip may be provided with airtight weakenings, (anticipates attachment components of Claim 18 and the one or more attachment components are integrated on or within the enclosures of Claim 19) so as to form a so-called blister pack in which the seal is broken by pressing against the bottom of the outer container (18). Such packs are generally known and are used for packeting, for instance, tablets. (col 3 lines 24-31) This anticipates Claims 18 and 19.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Thal (US 4,944,317) as applied to claim 1 above.
Thal discloses the cavity (8) of the pipe bowl must have a corresponding shape to the tobacco portion (7). (col 3 line 32 – col 4 line 6)
Thal does not explicitly disclose wherein the container and the bowl cavity have a rectangular geometry.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to make the different portions of the pipe of whatever form or shape was desired or expedient such as the container and bowl cavity having a corresponding shape as taught by Thal. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Thal (US 4,944,317).
as applied to claim 1 above, in view of Whitson, JR. (US 2021/0321661).
Thal discloses all the claim limitations as set forth above.
Thal does not explicitly disclose the smoking material comprises ground cannabis flower.
Whitson, JR. teaches a smoking cartridge configured to removably engage with bowl of a smoking apparatus (abstract) and further teaches cannabis is an example of a smoking material. (¶[0003]) In a first embodiment of the smoking cartridge (100) with the smoking material (200). In an embodiment the smoking material (200) is cannabis flower material. When the cannabis flower material (200) is used as the smoking material in the smoking cartridge (100), the stem and seed are removed from the cannabis flower, the cannabis flower is ground to fine particles, and the cannabis particles are placed in a pre-measured amount in the receptacle (102) of the smoking cartridge (100) prior to distribution or use by a user which eliminates the user’s need for the above cannabis grinding. (¶[0046])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal by using ground cannabis flower as the smoking material because Whitson, JR. establishes ground cannabis flower as a smoking material. This anticipates the smoking material limitation of the claim.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thal (US 4,944,317).
as applied to claim 1 above, in view of Goldstein et al. (US 2018/0263288).
Thal discloses all the claim limitations as set forth above
Thal does not explicitly disclose the container is made of a glass material.
Goldstein teaches an electronic vaporizer for herbal or medicinal compositions which may be in solid or liquid form (abstract). The vaporizer may comprise a heating chamber to house the at least one pre-filled cartridge (i.e., a container) which may contain liquid or solid medicinal materials within (¶[0086]). The cartridge (2) may be made with SAE 304 SS stainless steel (A2 stainless steel), alumina oxide ceramic (Al.sub.2O.sub.3), peek high temperature plastic, titanium, graphene, borosilicate glass, or other materials suitable for this purpose. The material used to make cartridge (2) may be capable of heat conduction while maintaining structural integrity during heating cycles and long-term exposure to heat and preferably do not contain materials that may be leached out into the content of the cartridge (2) (¶[0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal with at least the tobacco containing container of Thal made from borosilicate glass as taught by Goldstein. Doing so results in the body of Thal being capable of maintaining structural integrity during heating cycles and long-term exposure to heat and not leaching materials out into the tobacco material contained of the container of Thal. This reads over the glass material limitation of the claim.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Thal (US 4,944,317)
as applied to claim 11 above, in view of Whitson, JR. (US 2021/0321661), and in view of Goldstein et al. (US 2018/0263288).
Regarding the smoking material limitation of the claim, Thal does not explicitly disclose the smoking material comprises ground cannabis flower.
Whitson, JR. teaches a smoking cartridge configured to removably engage with bowl of a smoking apparatus (abstract) and further teaches cannabis is an example of a smoking material. (¶[0003]) In a first embodiment of the smoking cartridge (100) with the smoking material (200). In an embodiment the smoking material (200) is cannabis flower material. When the cannabis flower material (200) is used as the smoking material in the smoking cartridge (100), the stem and seed are removed from the cannabis flower, the cannabis flower is ground to fine particles, and the cannabis particles are placed in a pre-measured amount in the receptacle (102) of the smoking cartridge (100) prior to distribution or use by a user which eliminates the user’s need for the above cannabis grinding. (¶[0046])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal by using ground cannabis flower as the smoking material because Whitson, JR. establishes ground cannabis flower as a smoking material. This reads over the smoking material limitation of the claim.
Regarding the glass material limitation of the claim, Thal does not explicitly disclose the container is made of a glass material.
Goldstein teaches an electronic vaporizer for herbal or medicinal compositions which may be in solid or liquid form (abstract). The vaporizer may comprise a heating chamber to house the at least one pre-filled cartridge (i.e., a container) which may contain liquid or solid medicinal materials within (¶[0086]). The cartridge (2) may be made with SAE 304 SS stainless steel (A2 stainless steel), alumina oxide ceramic (Al.sub.2O.sub.3), peek high temperature plastic, titanium, graphene, borosilicate glass, or other materials suitable for this purpose. The material used to make cartridge (2) may be capable of heat conduction while maintaining structural integrity during heating cycles and long-term exposure to heat and preferably do not contain materials that may be leached out into the content of the cartridge (2) (¶[0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal with at least the tobacco containing container of Thal made from borosilicate glass as taught by Goldstein. Doing so results in the body of Thal being capable of maintaining structural integrity during heating cycles and long-term exposure to heat and not leaching materials out into the tobacco material contained of the container of Thal. This reads over the glass material limitation of the claim.
Regarding the rectangular geometry limitation of the claim, Thal discloses the cavity (8) of the pipe bowl must have a corresponding shape to the tobacco portion (7). (col 3 line 32 – col 4 line 6)
Thal does not explicitly disclose wherein the container and the bowl cavity have a rectangular geometry.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to make the different portions of the pipe of whatever form or shape was desired or expedient such as the container and bowl cavity having a corresponding shape as taught by Thal. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Thal (US 4,944,317)
as applied to claim 16 above, in view of Whitson, JR. (US 2021/0321661), and in view of Goldstein et al. (US 2018/0263288).
Regarding the smoking material limitation of the claim, Thal does not explicitly disclose the smoking material comprises ground cannabis flower.
Whitson, JR. teaches a smoking cartridge configured to removably engage with bowl of a smoking apparatus (abstract) and further teaches cannabis is an example of a smoking material. (¶[0003]) In a first embodiment of the smoking cartridge (100) with the smoking material (200). In an embodiment the smoking material (200) is cannabis flower material. When the cannabis flower material (200) is used as the smoking material in the smoking cartridge (100), the stem and seed are removed from the cannabis flower, the cannabis flower is ground to fine particles, and the cannabis particles are placed in a pre-measured amount in the receptacle (102) of the smoking cartridge (100) prior to distribution or use by a user which eliminates the user’s need for the above cannabis grinding. (¶[0046])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal by using ground cannabis flower as the smoking material because Whitson, JR. establishes ground cannabis flower as a smoking material. This reads over the smoking material limitation of the claim.
Regarding the glass material limitation of the claim, Thal does not explicitly disclose the container is made of a glass material.
Goldstein teaches an electronic vaporizer for herbal or medicinal compositions which may be in solid or liquid form (abstract). The vaporizer may comprise a heating chamber to house the at least one pre-filled cartridge (i.e., a container) which may contain liquid or solid medicinal materials within (¶[0086]). The cartridge (2) may be made with SAE 304 SS stainless steel (A2 stainless steel), alumina oxide ceramic (Al.sub.2O.sub.3), peek high temperature plastic, titanium, graphene, borosilicate glass, or other materials suitable for this purpose. The material used to make cartridge (2) may be capable of heat conduction while maintaining structural integrity during heating cycles and long-term exposure to heat and preferably do not contain materials that may be leached out into the content of the cartridge (2) (¶[0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Thal with at least the tobacco containing container of Thal made from borosilicate glass as taught by Goldstein. Doing so results in the body of Thal being capable of maintaining structural integrity during heating cycles and long-term exposure to heat and not leaching materials out into the tobacco material contained of the container of Thal. This reads over the glass material limitation of the claim.
Regarding the rectangular geometry limitation of the claim, Thal discloses the cavity (8) of the pipe bowl must have a corresponding shape to the tobacco portion (7). (col 3 line 32 – col 4 line 6)
Thal does not explicitly disclose wherein the container and the bowl cavity have a rectangular geometry.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to make the different portions of the pipe of whatever form or shape was desired or expedient such as the container and bowl cavity having a corresponding shape as taught by Thal. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Conclusion
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/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747