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 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation “the first end cap” on ln 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted the claim as: “wherein the cigar humidor comprises a first end cap, wherein a humidifying element is disposed in the first end cap. Claim 12, which depends on Claim 11, is similarly rejected by virtue of dependency.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chong (US 2007/0000502 A1).
Regarding Claim 1, Chong, directed to cigar accessories ([0006], [0057]), teaches a cigar humidor ([0036], Figs. 5-9; Container device 100 comprises a main body 110 defining a storage space. [0057], The storage space may contain a cigar. The storage compartments may be suitable to contain a miniature humidifier to maintain humidity in the compartment and preserve the life of cigars. A cigar container configured to maintain the humidity of a cigar is a cigar humidor; see instant specification, [0003]), comprising:
a first tube; a second tube ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120. Main body 110 and cap member 120 may have hollow cylindrical shapes. Cap member 120 includes a closed rounded tip 122, and a lower cylindrical extension below the tip 122. Main body 110 is the second tube, and the lower cylindrical extension of cap member 120 is the first tube); and
a collar connecting the first tube and the second tube ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120, and a hollow extender located between the main body 110 and cap member 120. The extender defines a collar connecting the cap member 120 (first tube) and the main body 110 (second tube)),
the first tube, the second tube and the collar defining a cavity configured to receive a cigar ([0036]-[0038], [0057], Figs. 5-9; The cap member 120 (first tube), the main body 110 (second tube), and the extender (collar) define a cavity configured to receive a cigar).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) as applied to Claim 1, in view of Vouillamoz (US 2018/0177227 A1) as evidenced by Jackson (US 2017/0137201 A1).
Regarding Claim 2, Chong does not teach the cigar humidor wherein a hygrometer is connected to the collar to measure a relative humidity of the cigar humidor.
Vouillamoz, directed to cigar accessories ([0003]), teaches a cigar humidor ([0052]-[0058], Fig. 1; System 100 includes a tubular receptacle 4 for retaining a cigar, which may be humidified within the receptacle 4. A cigar container configured to maintain the humidity of a cigar is a cigar humidor; see instant specification, [0003]) comprising:
a tube ([0052]-[0058], Fig. 1; System 100 includes a tubular receptacle 4),
wherein a hygrometer is connected to the tube to measure a relative humidity of the cigar humidor ([0022]-[0023], [0064], Fig. 1; System 100 includes a humidity sensor 15 (hygrometer) provided interiorly of the receptacle 4. Sensors can be placed on the interior wall of the receptacle 4. The term “hygrometer” refers to a device which measures the relative humidity of a particular defined environment; see Jackson, [0013]),
wherein the hygrometer is positioned at a central point along a longitudinal axis of the tube ([0022]-[0023], [0064], Fig. 1; System 100 includes a humidity sensor 15 (hygrometer) provided interiorly of the receptacle 4. Sensors can be placed on the interior wall of the receptacle 4. Fig. 1 shows that the sensor 15 (hygrometer) is located at a central point along a longitudinal axis of receptacle 4 (tube)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Chong with a hygrometer connected to the collar to measure a relative humidity of the cigar humidor similarly taught by Vouillamoz because Chong, Vouillamoz are directed cigar accessories, Vouillamoz demonstrates that providing a hygrometer connected to a central point along a longitudinal axis of a tubular humidor allows one measure and control a relative humidity of the cigar humidor (Vouillamoz, [0022]-[0027], [0064], Fig. 1), Chong demonstrates that the humidor has a tubular shape wherein the collar is located at a central point along a longitudinal axis of the humidor ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120, and an extender (collar) located at a central point along a longitudinal axis of the container device 100 (humidor)), and this involves combining prior art elements according to known methods to yield predictable results. Furthermore, Vouillamoz states that multiple hygrometers may be located at different positions within the humidor to detect the relative humidity at various locations (Vouillamoz, [0022]-[0023]). One of ordinary skill in the art would have recognized the need for a hygrometer in a humidor, and would have positioned the hygrometer at the collar of the humidor of Chong as motivated by the disclosures of Vouillamoz.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) as applied to Claim 1, in view of Awuondo (US 2022/0232888 A1).
Regarding Claim 3, Chong does not teach the cigar humidor wherein the first tube, the second tube and the collar are made of a metallic material.
Awuondo, directed to cigar accessories ([0001]-[0002]), teaches a cigar storage apparatus ([0002], [0053], Figs. 1A-1B; Storage apparatus 10 contains a rolled smoking product such as a cigar) comprising:
a first tube ([0053], Fig. 1A; The storage apparatus 10 includes a container 12 (first tube)),
wherein the first tube is made of a metallic material ([0053], [0066], Fig. 1A; Container 12 may comprise metals, such as, for example, but not by way of limitation, aluminum, steel, titanium).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cigar humidor wherein the first tube, the second tube and the collar are made of a metallic material because Chong and Awuondo are directed to cigar accessories, Awuondo demonstrates that metals are suitable for forming a tubular cigar storage apparatus (Awuondo, [0053], [0066], Fig. 1A), the humidor of Chong is a cigar storage apparatus (Chong, [0036]), and this involves substituting one material for another to yield predictable results.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) as applied to Claim 1, in view of Akin (US 2019/0116878 A1).
Regarding Claims 4-5, Chong in view of Awuondo teaches the cigar humidor according to claim 3, but does not teach the humidor wherein a first sleeve is disposed on an external surface of the first tube, and a second sleeve is disposed on an external surface of the second tube, wherein the first and second sleeves are made of wood.
Akin, directed to cigar accessories ([0002]-[0003]), teaches a cigar humidor ([0036], Figs. 1-2; Humidor 1) comprising:
a box liner ([0036], Figs. 1-2; Humidor 1 comprises a box liner defined by floor 15 and lower panels 7);
a cover liner ([0036], Figs. 1-2; Humidor 1 comprises a cover liner defined by ceiling 5 and upper panels 9);
wherein a first sleeve is disposed on an external surface of the box liner ([0036], Figs. 1-2; Humidor 1 comprises a box 2 (first sleeve) disposed on an external surface of the box liner defined by floor 15 and lower panels 7), and
a second sleeve is disposed on an external surface of the cover liner ([0036], Figs. 1-2; Humidor 1 comprises a cover 3 (second sleeve) disposed on an external surface of the cover liner defined by ceiling 5 and upper panels 9),
wherein the first and second sleeves are made of wood ([0009], the box and the cover are fabricated from hardwood that is finished to prevent the movement of moisture therethrough).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong in view of Awuondo wherein a first sleeve is disposed on an external surface of the first tube, and a second sleeve is disposed on an external surface of the second tube, wherein the first and second sleeves are made of wood similarly taught by Akin because Chong, Awuondo, and Akin are directed to cigar accessories, Akin demonstrates that finished hardwood sleeves effectively maintain the moisture of a humidor and prevents the movement of moisture therethrough (Akin, [0009]-[0014]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 6-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) as applied to Claim 1, and in view of Alexander (US 2021/0000173 A1).
Regarding Claims 6-8 and 11, Chong teaches the cigar humidor wherein the first tube has a first end and a second end ([0036]-[0038], Figs. 5-9; The lower cylindrical extension of cap member 120 is the first tube. The first tube has a first end labelled second end 124 and a second end in contact with tip 122),
wherein the second tube has a first end and a second end ([0036]-[0038], Figs. 5-9; Main body 110 (second tube) has a first end 112 and a second end 114)
wherein a first end cap is connected to the second end of the first tube opposite the collar ([0036]-[0038], Figs. 5-9; The lower cylindrical extension of cap member 120 is the first tube. The first tube has a first end labelled second end 124 and a second end in contact with tip 122. The tip defines a first end cap connected to the second end of the first tube opposite the extender (collar)), and
a second end cap is connected to the second end of the second tube opposite the collar ([0036]-[0038], Figs. 5-9; Main body 110 (second tube) has a first end 112 and a second end 114. Cutter assembly 130 defines a second end cap connected to the second end 114 of main body 110 (second tube) opposite the extender (collar)),
but does not teach the humidor wherein first ends and second ends of each of the first and second tubes have internal threads, wherein the first end cap is threadedly connected to the second end of the first tube opposite the collar, and the second end cap is threadedly connected to the second end of the second tube opposite the collar, wherein a humidifying element is disposed in the first end cap.
Alexander, directed to cigar accessories ([0045]), teaches a cigar humidor ([0055]-[0058], Figs. 1-2; Humidity controlled smoking product containing apparatus 10 contains a cigar 8) comprising:
a first tube having a first end and a second end ([0058], Fig. 1; Apparatus 10 comprises a tube 12 having a first end 12b and a second end 12a),
a first end cap threadedly connected to the second end of the first tube ([0058]-[0061], Figs. 1-2, 3b; Apparatus 10 comprises sealing lid assembly 14 threadedly connected to the second end 12a of tube 12 (first tube)),
wherein the second end of the first tube includes external threads, and the first end cap includes internal threads ([0058]-[0061], Figs. 1-2, 3b; The second end 12a of tube 12 (first tube) includes external threads, and the sealing lid assembly 14 (first end cap) includes internal threads),
wherein a humidifying element is disposed in the first end cap ([0058]-[0061], Figs. 1-2, 3b; Sealing lid assembly 14 (first end cap) comprises sealing cap 14a and a breathable humidity control chamber assembly 14b. Humidity control packets 16 (humidifying element) are contained within the breathable humidity control chamber 14b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong wherein a humidifying element is disposed in the first end cap as taught by Alexander because Chong and Alexander are directed to cigar accessories, Chong states that the cavity of the humidor may may be suitable to contain a miniature humidifier (Chong, [0057]), Alexander demonstrates that providing a humidifying element in a first end cap is suitable for controlling the humidity of a cigar (Alexander, [0058]-[0061]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong wherein the first end cap is threadedly connected to the second end of the first tube opposite the collar, and the second end cap is threadedly connected to the second end of the second tube opposite the collar because Alexander demonstrates that providing a threaded connection between a first end cap and the second end of a first tube allows one to remove a humidifying element disposed in the first end cap for replacement or maintenance (Alexander, [0058]-[0061]), and Chong demonstrates that threaded connections and interference fits can be used interchangeably (Chong, [0031], Claim 2), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art to provide the first and second ends of each of the first and second tubes with internal threads because one of ordinary skill would understand that a threaded connection between two tubular elements requires one to have internal threads and the other to have external threads (Alexander, [0058]-[0061], Figs. 1-2, 3b; Tube 12 includes external threads, lid assembly 14 includes internal threads). As there are only a finite number of options presented for the thread locations of the first end cap, second end cap, first tube, second tube, and collar, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try provide the first and second ends of each of the first and second tubes with internal threads, as claimed, because there are a finite number of identified, predictable solutions.
Regarding Claims 9-10, Chong in view of Alexander teaches the cigar humidor according to claim 8. Chong further teaches the cigar humidor wherein the first and second ends of the collar connect to the first ends of the first and second tubes ([0036]-[0038], Figs. 5-9; The extender comprises a first end which connects to the second end 124 (first end) of cap member 120 (first tube), and a second end which connects to the first end 112 of the main body (second tube)),
but does not teach the humidor wherein first and second ends of the collar have external threads, wherein the first and second ends of the collar threadedly receive the threaded first ends of the first and second tubes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong wherein the first and second ends of the collar threadedly receive the threaded first ends of the first and second tubes because Chong demonstrates that threaded connections and interference fits can be used interchangeably (Chong, [0031], Claim 2), and this involves substituting one connection method with another to yield predictable results.
It would have been obvious to one of ordinary skill in the art to provide the first and second ends of the collar with external threads because one of ordinary skill in the art would understand that a threaded connection between two tubular elements requires one to have internal threads and the other to have external threads (Alexander, [0058]-[0061], Figs. 1-2, 3b; The second end 12a of tube 12 includes external threads, and the sealing lid assembly 14 includes internal threads). As there are only a finite number of options presented for the thread locations of the first end cap, second end cap, first tube, second tube, and collar, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try provide the first and second ends of the collar with external threads, as claimed, because there are a finite number of identified, predictable solutions.
Regarding Claims 13-14, Chong in view of Alexander teaches the cigar humidor according to claim 10, but does not teach the humidor wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess, wherein a retaining member is disposed in the recess to retain the humidifying element in the first end cap.
Alexander, directed to cigar accessories ([0045]), teaches a cigar humidor ([0055]-[0058], Figs. 1-2; Humidity controlled smoking product containing apparatus 10 contains a cigar 8) comprising:
a first tube having a first end and a second end ([0058], Fig. 1; Apparatus 10 comprises a tube 12 having a first end 12b and a second end 12a),
a first end cap connected to the second end of the first tube ([0058]-[0061], Figs. 1-2, 3b; Apparatus 10 comprises sealing lid assembly 14 connected to the second end 12a of tube 12 (first tube)),
wherein a humidifying element is disposed in the first end cap ([0058]-[0061], Figs. 1-2, 3b; Sealing lid assembly 14 (first end cap) comprises sealing cap 14a and a breathable humidity control chamber assembly 14b. Humidity control packets 16 (humidifying element) are contained within the breathable humidity control chamber 14b),
wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess ([0058]-[0061], Figs. 1-2, 3b; Sealing lid assembly 14 (first end cap) comprises sealing cap 14a and a breathable humidity control chamber assembly 14b. Sealing cap 14a defines a horizontal base and a vertical wall extending outwardly below the base. The wall defines a recess which receives breathable humidity control chamber assembly 14b),
wherein a retaining member is disposed in the recess to retain the humidifying element in the first end cap ([0058]-[0061], Figs. 1-2, 3b; Breathable humidity control chamber assembly 14b (retaining member)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess, wherein a retaining member is disposed in the recess to retain the humidifying element in the first end cap as taught by Alexander because Chong and Alexander are directed to cigar accessories, Alexander demonstrates that the tapered shape of the breathable retaining member allows humidifying gas to flow from the full area of its open sides into the cavity of the humidor (Alexander, [0058], Figs. 1-2, 3b), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 15, Chong in view of Alexander teaches the cigar humidor according to claim 7. Chong further teaches the cigar humidor wherein a cigar punch extends outwardly from the second end cap ([0036]-[0038], Figs. 5-9; Main body 110 (second tube) has a first end 112 and a second end 114. Cutter assembly 130 defines a second end cap connected to the second end 114 of main body 110 (second tube). [0050], The cutting assembly may take the form of other types of cigar cutters heretofore known, such as those commonly known in the industry as "bullet" or "punch" style cutter).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) in view of Alexander (US 2021/0000173 A1) as applied to Claim 11, and further in view of Crowder (US 5,975,288 A) as evidenced by Chang (US 2021/0299850 A1).
Regarding Claim 12, Chong in view of Alexander does not teach the cigar humidor wherein the humidifying element is a foam sponge.
Crowder, directed to cigar accessories (col 3, ln 24-44), teaches a cigar humidor (col 3, ln 24-44, Fig. 1; Humidor 100) comprising:
a humidifying element (col 3, ln 24-58, Fig. 1; Humidor 100 comprises a humidity altering device 116 including a liquid absorbent element 120),
wherein the humidifying element is a foam sponge (col 5, ln 24-29; The liquid absorbent element 120 is constructed from urethane foam material which has germicidal properties. The absorbent element 120 will have an average pore size of about 130 microns and an average porosity of about 92%. The term “sponge” refers to any absorbent material, man-made and/or natural, including an absorbent structure that is capable of absorbing liquid; see Chang, [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the humidifying element of Chong in view of Alexander with the foam sponge taught by Crowder because Chong, Alexander, and Chang are directed to cigar accessories, Crowder demonstrates that the foam sponge exhibits germicidal properties to prevent the growth of odor causing bacteria (Crowder, col 5, ln 10-29), and this involves substituting one humidifying element for another to yield predictable results.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) in view of Alexander (US 2021/0000173 A1) and Vouillamoz (US 2018/0177227 A1) as evidenced by Jackson (US 2017/0137201 A1).
Regarding Claims 16-17, Chong, directed to cigar accessories ([0006], [0057]), teaches a cigar humidor ([0036], Figs. 5-9; Container device 100 comprises a main body 110 defining a storage space. [0057], The storage space may contain a cigar. The storage compartments may be suitable to contain a miniature humidifier to maintain humidity in the compartment and preserve the life of cigars. A cigar container configured to maintain the humidity of a cigar is a cigar humidor; see instant specification, [0003]), comprising:
a collar having a first end and a second end ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120, and a hollow extender located between the main body 110 and cap member 120. The extender defines a collar having a first end connected to cap member 120, and a second end connected to the main body 110);
a first tube having a first end and a second end ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120. Main body 110 and cap member 120 may have hollow cylindrical shapes. Cap member 120 includes a closed rounded tip 122, and a lower cylindrical extension below the tip 122. The lower cylindrical extension of cap member 120 is the first tube. The first tube has a first end labelled second end 124 and a second end in contact with tip 122),
the first end of the first tube being connected to the first end of the collar ([0036]-[0038], Figs. 5-9; The extender comprises a first end which connects to the second end 124 (first end) of cap member 120 (first tube));
a second tube having a first end and a second end ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120. Main body 110 and cap member 120 may have hollow cylindrical shapes. Main body 110 (second tube) has a first end 112 and a second end 114),
the first end of the second tube being connected to the second end of the collar ([0036]-[0038], Figs. 5-9; The extender comprises a second end which connects to the first end 112 of the main body 110 (second tube));
a first end cap connected to the second end of the first tube ([0036]-[0038], Figs. 5-9; The lower cylindrical extension of cap member 120 is the first tube. The first tube has a first end labelled second end 124 and a second end in contact with tip 122. The tip defines a first end cap connected to the second end of the first tube);
a second end cap connected to the second end of the second tube ([0036]-[0038], Figs. 5-9; Main body 110 (second tube) has a first end 112 and a second end 114. Cutter assembly 130 defines a second end cap connected to the second end 114 of main body 110 (second tube));
the first tube, the second tube and the collar defining a cavity configured to receive a cigar ([0036]-[0038], [0057], Figs. 5-9; The cap member 120 (first tube), the main body 110 (second tube), and the extender (collar) define a cavity configured to receive a cigar),
but does not teach the cigar humidor i) wherein connections are threaded connections, ii) the humidor comprising a hygrometer connected to the collar to measure a relative humidity of the cigar humidor, iii) wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess, a humidifying element is disposed in the first end cap, and a retaining member is disposed in the recess to retain the humidifying element in the first end cap.
With respect to i) and iii), Alexander, directed to cigar accessories ([0045]), teaches a cigar humidor ([0055]-[0058], Figs. 1-2; Humidity controlled smoking product containing apparatus 10 contains a cigar 8) comprising:
a first tube having a first end and a second end ([0058], Fig. 1; Apparatus 10 comprises a tube 12 having a first end 12b and a second end 12a),
a first end cap threadedly connected to the second end of the first tube ([0058]-[0061], Figs. 1-2, 3b; Apparatus 10 comprises sealing lid assembly 14 connected to the second end 12a of tube 12 (first tube)),
wherein a humidifying element is disposed in the first end cap ([0058]-[0061], Figs. 1-2, 3b; Sealing lid assembly 14 (first end cap) comprises sealing cap 14a and a breathable humidity control chamber assembly 14b. Humidity control packets 16 (humidifying element) are contained within the breathable humidity control chamber 14b),
wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess ([0058]-[0061], Figs. 1-2, 3b; Sealing lid assembly 14 (first end cap) comprises sealing cap 14a and a breathable humidity control chamber assembly 14b. Sealing cap 14a defines a horizontal base and a vertical wall extending outwardly below the base. The wall defines a recess which receives breathable humidity control chamber assembly 14b),
wherein a retaining member is disposed in the recess to retain the humidifying element in the first end cap ([0058]-[0061], Figs. 1-2, 3b; Breathable humidity control chamber assembly 14b (retaining member) is disposed in the recess to retain humidity control packets 16 (humidifying element) in the sealing lid assembly 14 (first end cap)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor wherein the first end cap includes a base and a wall extending outwardly from the base, the wall defining a recess, wherein a retaining member is disposed in the recess to retain the humidifying element in the first end cap as taught by Alexander because Chong and Alexander are directed to cigar accessories, Alexander demonstrates that the tapered shape of the breathable retaining member allows humidifying gas to flow from the full area of its open sides into the cavity of the humidor (Alexander, [0058], Figs. 1-2, 3b), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong wherein the first end cap is threadedly connected to the second end of the first tube because Alexander demonstrates that providing a threaded connection between a first end cap and the second end of a first tube allows one to remove a humidifying element disposed in the first end cap for replacement or maintenance (Alexander, [0058]-[0061]), and Chong demonstrates that threaded connections and interference fits can be used interchangeably (Chong, [0031], Claim 2), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art to substitute all of the connections with threaded connections because Chong demonstrates that the first tube, second tube, first end cap, second end cap, and collar have cylindrical shapes or circular cross-sections (Chong, [0036]-[0038], Figs. 5-9), Chong demonstrates that threaded connections and interference fits can be used interchangeably (Chong, [0031], Claim 2), and this involves substituting one connection method with another to yield predictable results.
With respect to ii), Vouillamoz, directed to cigar accessories ([0003]), teaches a cigar humidor ([0052]-[0058], Fig. 1; System 100 includes a tubular receptacle 4 for retaining a cigar, which may be humidified within the receptacle 4. A cigar container configured to maintain the humidity of a cigar is a cigar humidor; see instant specification, [0003]) comprising:
a tube ([0052]-[0058], Fig. 1; System 100 includes a tubular receptacle 4),
wherein a hygrometer is connected to the tube to measure a relative humidity of the cigar humidor ([0022]-[0023], [0064], Fig. 1; System 100 includes a humidity sensor 15 (hygrometer) provided interiorly of the receptacle 4 to measure a relative humidity of the cigar humidor. Sensors can be placed on the interior wall of the receptacle 4. The term “hygrometer” refers to a device which measures the relative humidity of a particular defined environment; see Jackson, [0013]),
wherein the hygrometer is positioned at a central point along a longitudinal axis of the tube ([0022]-[0023], [0064], Fig. 1; System 100 includes a humidity sensor 15 (hygrometer) provided interiorly of the receptacle 4. Sensors can be placed on the interior wall of the receptacle 4. Fig. 1 shows that the sensor 15 (hygrometer) is located at a central point along a longitudinal axis of receptacle 4 (tube)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Chong in view of Alexander with a hygrometer connected to the collar to measure a relative humidity of the cigar humidor similarly taught by Vouillamoz because Chong, Alexander, Vouillamoz are directed cigar accessories, Vouillamoz demonstrates that providing a hygrometer connected to a central point along a longitudinal axis of a tubular humidor allows one measure and control a relative humidity of the cigar humidor (Vouillamoz, [0022]-[0027], [0064], Fig. 1), Chong demonstrates that the humidor has a tubular shape wherein the collar is located at a central point along a longitudinal axis of the humidor ([0036]-[0038], Figs. 5-9; Container device 100 comprises a main body 110, cap member 120, and an extender (collar) located at a central point along a longitudinal axis of the container device 100 (humidor)), and this involves combining prior art elements according to known methods to yield predictable results. Furthermore, Vouillamoz states that multiple hygrometers may be located at different positions within the humidor to detect the relative humidity at various locations (Vouillamoz, [0022]-[0023]). One of ordinary skill in the art would have recognized the need for a hygrometer in a humidor, and would have positioned the hygrometer at the collar of the humidor of Chong as motivated by the disclosures of Vouillamoz.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) in view of Alexander (US 2021/0000173 A1) and Vouillamoz (US 2018/0177227 A1), and further in view of in view of Akin (US 2019/0116878 A1).
Regarding Claims 18-19, Chong in view of Alexander and Vouillamoz does not teach the cigar humidor wherein a first sleeve is disposed on an external surface of the first tube, and a second sleeve is disposed on an external surface of the second tube, wherein the first and second sleeves are made of wood.
Akin, directed to cigar accessories ([0002]-[0003]), teaches a cigar humidor ([0036], Figs. 1-2; Humidor 1) comprising:
a box liner ([0036], Figs. 1-2; Humidor 1 comprises a box liner defined by floor 15 and lower panels 7);
a cover liner ([0036], Figs. 1-2; Humidor 1 comprises a cover liner defined by ceiling 5 and upper panels 9);
wherein a first sleeve is disposed on an external surface of the box liner ([0036], Figs. 1-2; Humidor 1 comprises a box 2 (first sleeve) disposed on an external surface of the box liner defined by floor 15 and lower panels 7), and
a second sleeve is disposed on an external surface of the cover liner ([0036], Figs. 1-2; Humidor 1 comprises a cover 3 (second sleeve) disposed on an external surface of the cover liner defined by ceiling 5 and upper panels 9),
wherein the first and second sleeves are made of wood ([0009], the box and the cover are fabricated from hardwood that is finished to prevent the movement of moisture therethrough).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidor of Chong in view of Alexander and Vouillamoz wherein a first sleeve is disposed on an external surface of the first tube, and a second sleeve is disposed on an external surface of the second tube, wherein the first and second sleeves are made of wood similarly taught by Akin because Chong, Alexander, Voillamoz, and Akin are directed to cigar accessories, Akin demonstrates that finished hardwood sleeves effectively maintain the moisture of a humidor and prevents the movement of moisture therethrough (Akin, [0009]-[0014]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2007/0000502 A1) in view of Alexander (US 2021/0000173 A1), Vouillamoz (US 2018/0177227 A1), and Akin (US 2019/0116878 A1), and further in view of Awuondo (US 2022/0232888 A1).
Regarding Claim 20, Chong in view of Alexander, Vouilllamoz, and Akin teaches the cigar humidor according to claim 19, but does not teach the humidor wherein the first and second tubes are made of metal.
Awuondo, directed to cigar accessories ([0001]-[0002]), teaches a cigar storage apparatus ([0002], [0053], Figs. 1A-1B; Storage apparatus 10 contains a rolled smoking product such as a cigar) comprising:
a first tube ([0053], Fig. 1A; The storage apparatus 10 includes a container 12 (first tube)),
wherein the first tube is made of a metallic material ([0053], [0066], Fig. 1A; Container 12 may comprise metals, such as, for example, but not by way of limitation, aluminum, steel, titanium).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cigar humidor wherein the first tube, the second tube and the collar are made of a metallic material because Chong and Awuondo are directed to cigar accessories, Awuondo demonstrates that metals are suitable for forming a tubular cigar storage apparatus (Awuondo, [0053], [0066], Fig. 1A), the humidor of Chong is a cigar storage apparatus (Chong, [0036]), and this involves substituting one material for another to yield predictable results.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755