Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinclair et al. (U.S Pub. No. 20160270436).
Regarding claim 1, Sinclair discloses a method of fabricating a finished smokable product comprising the steps of:
(a) providing a packaged smoking kit [0222] including:
(i) a package having top and bottom portions and a package interior located between the top and bottom portions [0223];
(ii) a hollow conically shaped smoking shell, the smoking shell having a shell interior and filter tip located in the shell interior [0230], the smoking shell having a shell stiffness, the filter tip having a filter tip stiffness; it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the filter tip stiffness is greater than the shell stiffness. Furthermore, it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filter tip stiffness can only be greater than, equal or less than the shell stiffness.
(iii) a reinforcing cone having a reinforcing interior, the reinforcing cone being located in the shell interior and having a reinforcing stiffness that is greater than the shell stiffness [0110-0117],
(iv) wherein the smoking shell interior is able to accommodate the reinforcing cone, and the reinforcing interior is able to accommodate the conical smoking shell [0110-0117];
(v) wherein the smoking shell and the reinforcing cone are packaged for sale inside the package interior with the reinforcing cone being nested in the smoking shell, and the reinforcing cone resisting collapse of the smoking shell [0237];
(b) opening the top portion of the package and separating the smoking shell from the reinforcing cone, and then nesting the smoking shell in the reinforcing cone (see figs. 18-25);
(c) after step "b", adding smokable filler material to the shell interior and compacting such added smokable filler, wherein during this step the reinforcing cone resists forces created by the compacting of smokable filler which are transmitted from the added smokable filler, through the smoking shell, and to the reinforcing cone (figs. 21-39); and
(d) after step "c", forming a finished smoking product [0176].
Regarding claim 2, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the filter tip stiffness is greater than the reinforcing stiffness. Furthermore, it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filter tip stiffness can only be greater than, equal or less than the reinforcing stiffness.
Regarding claim 3, Sinclair discloses wherein in step "c" the smoking shell has first and second shell ends, the reinforcing cone has first and second reinforcing ends, the filter tip being located at the second shell end, and smokable filler being added until the smokable filler reaches the first end of the reinforcing cone, wherein the smoking shell end extends from the first reinforcing end an amount which allows a minimum amount to twist shut the smoking shell end in forming the finished smoking product (figs. 35-39).
Regarding claim 4, Sinclair discloses wherein in step "c" the smoking shell has first and second shell ends, the reinforcing cone has first and second reinforcing ends, the filter tip being located at the second shell end, and smokable filler being added until the smokable filler filled the smoking shell (as seen in preferred embodiment of figs. 35-39) but does not expressly disclose filling slightly exceeds the first reinforcing end thereby preventing the first shell end from being twist shut. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to fill the smokable material slightly exceeds the first reinforcing end thereby preventing the first shell end from being twist shut because it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filling can either allow twist shutting or not.
Regarding claim 5, Sinclair discloses wherein in step "a" the smoking shell has a shell slope and the reinforcing cone has a reinforcing slope, and the shell slope is substantially the same as the reinforcing slope [0058-0059].
Regarding claim 6, Sinclair discloses wherein in step "a", a tamper is nested inside the reinforcing cone [0162].
Regarding claim 7, Sinclair discloses wherein the tamper has first and second tamper ends with the second tamper end being in contact with the filter tip and the first tamper end being aligned with the first reinforcing end (figs. 18-20).
Regarding claim 8, Sinclair discloses wherein in step "a" the first reinforcing end extends past the first end of the smoking shell end (fig. 19) and in step "c" the first end of the smoking shell end extends past the first reinforcing end (figs. 26-30).
Regarding claim 9, Sinclair suggests wherein in step "b" a user separates the smoking shell from the reinforcing cone by grabbing both the first reinforcing end and the second end of the smoking shell end and pulling these apart (figs. 19-22).
Regarding claim 10, Sinclair discloses wherein in step "c" a user separates the smoking shell from the reinforcing cone by grabbing both the first end of the smoking shell and the second reinforcing end and pulling these apart (figs. 35-37).
Regarding claim 11, Sinclair discloses a method of fabricating a finished smokable product comprising the steps of:
(a) obtaining a packaged smoking kit [0222] including:
(i) a package having sides, top and bottom portions and a package interior [0223];
(ii) a smoking shell, the smoking shell being tapered and having a shell interior and filter tip located in the shell interior [0230], the smoking shell having a shell stiffness, the filter tip having a filter tip stiffness; the filter tip having a filter tip stiffness; it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the filter tip stiffness is greater than the shell stiffness. Furthermore, it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filter tip stiffness can only be greater than, equal or less than the shell stiffness;
(iii) a reinforcing cone having a reinforcing interior, the reinforcing cone being tapered substantially the same as the smoking shell, the reinforcing cone being located in the shell interior and having a reinforcing stiffness that is greater than the shell stiffness [0110-0117],
(iv) wherein the smoking shell interior is able to accommodate the reinforcing cone, and the reinforcing interior is able to accommodate the conical smoking shell [0110-0117];
(v) wherein the smoking shell and the reinforcing cone are packaged for sale inside the package interior with the reinforcing cone being nested in the smoking shell, and the reinforcing cone resisting collapse of the smoking shell [0237];
(b) opening the top portion of the package and separating the smoking shell from the reinforcing cone, and then nesting the smoking shell in the reinforcing cone (see figs. 18-25); and
(c) after step "b", forming a finished smoking product by adding smokable filler material to the shell interior and compacting such added smokable filler, wherein during this step the reinforcing cone resists forces created by the compacting of smokable filler which are transmitted from the added smokable filler, through the smoking shell, and to the reinforcing cone (figs. 21-39).
Regarding claim 12, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the filter tip stiffness is greater than the reinforcing stiffness. Furthermore, it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filter tip stiffness can only be greater than, equal or less than the reinforcing stiffness.
Regarding claim 13, Sinclair discloses wherein in step "c" the smoking shell has first and second shell ends, the reinforcing cone has first and second reinforcing ends, the filter tip being located at the second shell end, and smokable filler being added until the smokable filler reaches the first end of the reinforcing cone, wherein the first shell end extends from the first reinforcing end an amount which allows a minimum amount to twist shut the first shell end in forming the finished smoking product (figs. 35-39).
Regarding claim 14, Sinclair discloses wherein in step "c" the smoking shell has first and second shell ends, the reinforcing cone has first and second reinforcing ends, the filter tip being located at the second shell end, and smokable filler being added until the smokable filler filled the smoking shell (as seen in preferred embodiment of figs. 35-39) but does not expressly disclose filling slightly exceeds the first reinforcing end thereby preventing the first shell end from being twist shut. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to fill the smokable material slightly exceeds the first reinforcing end thereby preventing the first shell end from being twist shut because it’s a prima facie case of obviousness in case of choosing from a finite number of identified, predictable solutions with a reasonable expectation of success; the filling can either allow twist shutting or not.
Regarding claim 15, Sinclair discloses wherein in step "a" the smoking shell has a shell slope and the reinforcing cone has a reinforcing slope, and the shell slope is substantially the same as the reinforcing slope [0058-0059].
Regarding claim 16, Sinclair discloses wherein in step "a", a tamper is nested inside the reinforcing cone [0162].
Regarding claim 17, Sinclair discloses wherein the tamper has first and second tamper ends with the second tamper end being in contact with the filter tip and the first tamper end being aligned with the first reinforcing end (figs. 18-20).
Regarding claim 18, Sinclair discloses wherein in step "a" the first reinforcing end extends past the first shell end (fig. 19) and in step "c" the first shell end extends past the first reinforcing end (figs. 26-30).
Regarding claim 19, Sinclair discloses wherein in step "b" a user separates the smoking shell from the reinforcing cone by grabbing both the first reinforcing end and the second shell end and pulling these apart (figs. 19-22).
Regarding claim 20, Sinclair discloses wherein in step "c" a user separates the shaped smoking shell from the reinforcing cone by grabbing both the first shell end and the second reinforcing end and pulling these apart (figs. 35-37).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747