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 .
Election/Restrictions
Claims 13-18 and 24 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/06/2025.
Applicant’s election without traverse of claims 3-12 and 21-23 in the reply filed on 11/06/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 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) 3, 6-8, 11, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Licey (US 824,552).
Regarding claim 3, Licey teaches a combustible product comprising a combustible substance enclosed within a sheet of combustible material. Licey teaches a tobacco cartridge filled with tobacco (p.1, lines 35–40) enclosed by a paper wrapper 2 (p.1, lines 35–45; Figs. 1–3).
Licey further teaches the enclosure includes a closed end portion formed by folding or sealing the wrapper (p.1, lines 55–65), a twisted end portion created by gathering and twisting the wrapper edges (p.1, lines 50–55; p.2, lines 1–5; Fig. 1, element 4), and an enlarged portion extending between these end portions corresponding to the tobacco-filled body (Figs. 1–3).
The enlarged portion extends along the longitudinal axis, and both the closed end portion and twisted end portion align with that axis (Figs. 1–3).
Regarding claim 6, Licey teaches that the enclosure includes a closed end portion formed by folding or sealing the wrapper, resulting in a planar or convex end shape (p.1, lines 55–65; Figs. 1–2).
Regarding claim 7, Licey teaches the enlarged portion and closed end portion together form shapes including cylindrical, oblong, and ovoid forms, as shown in Figs. 1–3 of the wrapped tobacco body.
Regarding claim 8, Licey teaches a sheet of combustible material (wrapper 2) which, when folded and wrapped around the tobacco, forms an enclosure having a circular shape in transverse cross-section (Figs. 2 and 4) and an oblong/cylindrical shape along its length (Figs. 1–3). Claim 8 recites that the sheet is one or more of square, rectangular, polygonal, circular, ellipse, and/or oblong in shape. The wrapped sheet in Licey exhibits circular and oblong shapes.
Regarding claim 11, Licey teaches that the combustible substance of the product is tobacco, which is a botanical combustible material (p.1, lines 35–40).
Regarding claim 21, Licey teaches the combustible product of claim 3, including an enclosure having a single twisted end portion.
Licey describes forming the cartridge by gathering and twisting the wrapper edges together at one end of the product (p.1, lines 50–55; Fig. 1, element 4). Licey shows only one twisted end in all embodiments (Figs. 1, 3, 5), with the opposite end being closed by folding or pressing but not twisted.
Regarding claim 23, Licey teaches that the twisted end portion functions as a wick.
Licey discloses that the gathered and twisted end (4) “projects” outward from the cartridge (p.2, lines 1–5) and acts as a fuse for ignition, which is functionally equivalent to a wick.
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.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Licey (US 824,552).
Regarding claim 4, Licey teaches that the twisted end portion 4 is shaped and capable of functioning as:
(i) a wick capable of gradual combustion (the twisting or gathering of the wrapper at one end cartridge also forms as sort of fuse which behaves as a combustible wick; p.1, lines 110- p.2 lines 1-4);
(iii) a protrusion insertable within a bowl of a pipe, as the entire cartridge is designed to be inserted into a pipe bowl (fig. 5); and
(iv) a protrusion capable of insertion into a chamber of a vaporization device, as the protruding twisted end is structurally capable of insertion into such a chamber (fig. 1).
Regarding (ii) a handle to be gripped, although Licey does not explicitly state that the twisted end is intended to function as a handle, Licey teaches that the twisted end portion projects outward from the cartridge (p. 2 lines 1-4; fig. 1-2). Because it is an exposed, outwardly protruding portion sized for user interaction (e.g., for inserting into a pipe bowl), it is structurally capable of being grasped and held.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to grip the twisted end portion to manipulate or insert the combustible product, thereby allowing it to function as a handle.
Claim(s) 5 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Licey (US 824,552) as applied to claim 3 above, and further in view of Møller (GB 126,276).
Regarding claim 5, Licey teaches a combustible product having:
an enclosure,
a closed end portion (wrapper gathered and tied),
an enlarged portion containing the tobacco (cylindrical wrapped tobacco body 2), and
a twisted end portion of the wrapper (binding means 3 twisted/secured at one end). (See Licey, Figs. 1–3; col. 1, ll. 25–40; col. 1, ll. 50–60).
However, Licey does not teach the specific ratio recited in claim 5:
the length of the twisted end portion being ≥ 1/3 of the total length, and
the length of the twisted end portion being ≤ 5× the combined length of the closed end portion and enlarged portion.
Møller teaches cigar wrappers whose twisted ends can be significantly elongated relative to the rest of the body and whose twist length can vary as a matter of routine design choice. (See Møller Figs. 1–3 and page 1, lines 15–28), describing twisting the wrapper end into an extended string-like portion of selectable length.
Møller further teaches producing twisted ends that are proportionally long relative to the cigar body (Fig. 1 and 2), exactly the type of adjustable twist length that would allow a manufacturer to set the twist length within a desired ratio range.
Both references are in the same field of endeavor (combustible tobacco products wrapped with paper and twisted ends).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the twisted end of Licey with the twist-forming techniques of Møller to obtain a combustible product with a twisted end portion whose length falls within the ratio range of claim 5. Adjusting the twist length is a predictable variation and a design choice that yields no unexpected result.
Regarding claim 22, Licey teaches a combustible product including an enclosure formed from a sheet of combustible material that contains tobacco (see Figs. 1–4; page 1, lines 30–55; page 2, lines 1–25). Licey also teaches a closed end portion (page 2, lines 20–25).
Licey does not expressly teach that the closed end portion consists of a continuous, non-folded portion of the sheet of combustible material, as required by claim 22.
However, Møller teaches forming the terminal end of a combustible wrapper by twisting or contracting the wrapper itself to create a smooth, continuous end portion of the same sheet (see Fig. 1–3; page 1, lines 20–32; page 2, lines 1-5).
Importantly, Møller explains that this method avoids the use of adhesives at the end closure because the twisted end is secured by passing the string beneath the winding or by contracting the wrapper itself (page 2, lines 4–14). Møller identifies avoiding adhesives as a desirable benefit.
Both references relate to wrapped combustible smoking products, and both address forming terminal closures of the wrapper.
Therefore, it would have been obvious to one of ordinary skill in the art to modify Licey’s combustible product to use Møller’s end-closure technique. One would be motivated to make the modification because: Møller teaches a known improvement which is a continuous, non-folded end produced by twisting or contracting the wrapper and the advantage of avoiding adhesives
Claim(s) 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Licey (US 824,552) as applied to claim 3 above, and further in view of Winter (US 2020/0221765).
Regarding claims 9 and 10, Licey teaches a combustible product including a combustible material enclosed in a wrapper formed of a sheet of combustible material (wrapper 2) and having a closed end portion and a twisted end portion (Fig. 1–3; col. 1, ll. 30–60). Licey therefore teaches the combustible product of claim 3 and teaches the sheet of combustible material forming the enclosure.
Licey does not expressly teach that the sheet of combustible material includes a pre-formed recessed portion shaped to receive at least in part the combustible substance, as required by claim 9, nor does Licey teach the particular shapes of the pre-formed recessed portion recited in claim 10.
Winter remedies these deficiencies. Winter is in the same field of endeavor as Licey because Winter is directed to combustible packages formed of combustible plant-based material for burning, smoking, smoldering, or vaporizing in a variety of smoking apparatuses, including pipes, bowls, or other smoking devices (Winter ¶¶[0002], [0026], [0033]). Winter therefore addresses the same problems and same use environment as Licey such as preparing combustible product for smoking.
Winter teaches forming a combustible package in which the combustible body portion itself is made of combustible plant-based material (Winter ¶¶[0031]–[0032]), and explicitly teaches pre-forming an interior recess (interior void 104) to receive, hold, and contain a predetermined amount of combustible material (Winter ¶¶[0027]–[0033]; Figs. 1A–1B).
Winter further teaches that the combustible material or body portion can be pressed, molded, or shaped to form the recessed portion (Winter ¶[0032]) and that the recess may be centrally positioned or shaped into multiple geometries, including spheres, hemispheres, cubes, cones, frustums, prisms, egg-shapes, circular shapes, and polygonal shapes (Winter ¶¶[0031]–[0033]; Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the wrapper structure of Licey to include a pre-formed recessed portion as taught by Winter in order to stably receive and position the combustible material, as Winter expressly teaches that such shaping controls proportioning, facilitates loading, and improves consistency of combustion (Winter ¶¶[0027]–[0033]). The combination represents the predictable use of known techniques (pre-forming a recess to hold the combustible material) in the same field of endeavor and for the same purpose.
Winter also teaches the specific recessed shapes recited in claim 10. Winter discloses recess forms including spherical, hemispherical, cube, cone, frustoconical, polygonal, triangular prism, circular, oval, and egg-shaped configurations (Winter ¶¶0031–0033; Fig. 4), which correspond to the shapes recited in claim 10 (centrally positioned; outwardly concave; curved in lateral profile; rectangular in lateral profile; polygonal in lateral profile; frustoconical in lateral profile; and/or circular, oval-shape, or polygonal-shaped in planar profile).
Selection of any of Winter’s expressly taught recess geometries would have been an obvious design choice because Winter teaches that geometric selection depends on desired configuration, and user experience during combustion (Winter ¶¶[0027], [0031]–[0033]).
Regarding claim 12, Licey teaches a combustible product comprising a tobacco wrapped in a combustible wrapper with a twisted end (Figs. 1–3; page 1, lines 25–35; page 2, lines 1–28), thereby teaching the combustible product of claim 3.
However, Licey does not teach the limitation of “including an additional substance which impregnates the combustible product… wherein the additional substance is one or more of: a flavoring ingredient, terpenes, fragrances, essential oils,” etc.
Winter provides this missing teaching. Winter is in the same field of endeavor, directed to combustible plant-based packages for smoking, heating, or burning (¶[0027], ¶[0033]). Winter teaches that the combustible body material may be infused, sprayed, dipped, layered, or impregnated with flavorings, oils, terpenes, fragrances, and essential oils (¶[0044]–[0045]). Winter also teaches that the combustible material can form or substantially form the body (¶[0032]), supporting direct incorporation of such additives.
It would have been obvious to one of ordinary skill in the art to modify Licey’s combustible cartridge to include an impregnating additive as taught by Winter because Winter teaches that such additives improve aroma, flavor, and user experience which is a predictable benefit when applied to any combustible plant-based product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747