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 .
Response to Submission
Applicant’s submission filed on 2026 August 3 has been entered. Claims 1-2, 5, 8, and 20-34 are pending.
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.
Claims 1, 8, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) and Clausen (US 1888788 A).
Claim 1: Holderman teaches a compaction device (fig. 1A-B and [63]) for use with a smoking cone, comprising:
a base (main bodies of 300 and 500), a vertical actuator (fig. 5D and [91-93], #541 and #542) movably coupled to the base (#541 and #542 can move upward and downward within #500), wherein the vertical actuator is configured to deliver pressurized gas into the smoking cone (pressurized gas flows through #542 and packs leaves into a cone);
a side plug mechanism (fig. 5H and [89-90], #561 and #562) connected to and extending from the base (main bodies of 300 and 500);
a dial carriage (fig. 3E and [80], #300) including a nest (310), wherein the nest is configured to hold the smoking cone (310 can hold a cone), and wherein the nest (310) includes a side opening ([90], bottommost opening of #310 through which air flows) configured to removably contact the side plug mechanism (#561 and #562 contact, via rim #567, the bottom surface and opening of #310) in order to removably couple the side plug mechanism to the dial carriage (#300 and #561 are coupled together by a vacuum).
Holderman does not explicitly teach that a portion of the vertical actuator is configured to be inserted into the smoking cone, and the side opening is configured to receive the side plug mechanism.
Hicks teaches a compaction device (fig. 7 and [71]) comprising actuators (230) configured to be inserted into a smoking receptacle (21) and deliver pressurized gas to a smoking receptacle ([20], the insertion mechanism is compressed air), such that the smoking receptacle fits over the actuators [71] in order to receive smoking precursor.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to extend Holderman’s actuator’s range of motion into the cone as taught by Hicks, because doing so would enable Holderman’s cone to fit over the actuator in order to receive smoking precursor.
Clausen teaches a wrapping and cutting device (title) comprising a side opening (fig. 2 and p. 2 left column, lines 38-41, #21) configured to receive a side plug mechanism (22), such that the side plug mechanism is made simple (p. 2 left column, lines 24-29).
Holderman’s side plug mechanism (Holderman fig. 5H and [90], #561, #562, and #567) removably couples to a side opening (bottommost opening of #310 through which air flows), and Clausen’s side plug mechanism (Clausen fig. 2 and p. 2 left column, lines 38-41, #22) removably couples to a side opening (21) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to resize Holderman’s side opening and side plug mechanism such that the side opening can receive the side plug mechanism, because doing so is exemplified by Clausen as a simple mechanism and would otherwise be a simple substitution Holderman’s surrounding tube for Clausen’s inserting tube to achieve the same outcome of removable coupling.
Claim 8: modified Holderman teaches the compaction device of claim 1, wherein the side plug mechanism (fig. 5H and [89-90], #561 and #562) includes a side plug activator (#562 moves #561 to engage with the die #310) and a side plug assembly (561) connected to the side plug activator (562), wherein the side plug activator (562) is configured to extend and retract the side plug assembly (561) relative to the base (#562 moves #561 upward and downward).
Modified Holderman does not explicitly teach that the side plug assembly is connected to the side plug activator via a screw.
Holderman teaches an assembly (fig. 6B and [97], #621) fastened to an activator (631) via a screw, such that the assembly and the activator are integrated [97].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Holderman’s generic means of connecting the side plug assembly to the side plug activator, Holderman’s alternative specific means of connecting via a screw, because doing so is exemplified as integrating two elements together.
Claim 20: modified Holderman teaches the compaction device of claim 1, wherein the vertical actuator (fig. 5D and [93], #541 and #542) includes a nozzle assembly (540), wherein the nozzle assembly (540 and 541) includes a nozzle (540) held by a nozzle holder (#541 is integrated with and holds #540).
Claim 21: modified Holderman teaches the compaction device of claim 20, wherein the nozzle (fig. 5D and [93], #540) includes an opening (opening of 540) configured to allow the pressurized gas to be delivered to the smoking cone (pressurized gas moves through #540 into a cone).
Claim 22: modified Holderman teaches the compaction device of claim 1, wherein the vertical actuator (fig. 5D and [91-93], #541 and #542) is configured to be retracted after the vertical actuator (#542 can move #541 upward and downward) is inserted into the smoking cone (cone) and the pressurized gas is delivered to the smoking cone (cone).
Claim 23: modified Holderman teaches the compaction device of claim 1, wherein the nest (fig. 3E and [80], #310) includes a channel (interior channel of 310) configured to hold the smoking cone (cone), and wherein the side plug mechanism (fig. 5H and [89-90], #561 and #562) includes a side plug assembly (561) configured to be received in the side opening (fig. 3E and [90], bottommost opening of #310 through which air flows) of the nest (310) to seal the side opening (bottommost opening of 310) when the smoking cone (cone) is held in the channel (interior channel of 310).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) as applied to claim 1 in further view of Kaluza (US 5697488 A) as evidenced by “Encoder (position)” (Encoder).
Claim 2: modified Holderman teaches the compaction device of claim 1, wherein the vertical actuators (fig. 5D and [91-93], #541 and #542) include a closed-loop ([117], #542 uses feedback to form closed-loop control) linear actuator (542) for raising and lowering a nozzle assembly (540).
Modified Holderman does not explicitly teach that the actuator is an absolute encoder.
Kaluza teaches a packaging device (fig. 1 and col. 7, lines 6-11) comprising an actuator (92) that can be alternatives of an absolute encoder (the device ascertains absolute position of #92) and an incremental encoder (the device detects incremental signals of #92).
Encoder teaches that an encoder can only operate on absolute position or incremental position. See MPEP 2143(E).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Holderman’s generic type of encoder, Kaluza’s specific absolute encoder, because doing so would be selecting an absolute encoder from a known and finite list of two encoder types.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) as applied to claim 21 in further view of Bjarne (US 3304012 A).
Claim 5: modified Holderman teaches the compaction device of claim 21.
Modified Holderman does not explicitly teach that the nozzle assembly further includes one or more angled exit holes surrounding the opening.
Bjarne teaches a nozzle assembly (fig. 1 and col. 2, lines 10-14) comprising angled exit holes (8) surrounding an opening (9) for delivering pressurized gas (compressed air), such that the angled exit holes rotate the compressed air (lines 10-14) in order to strike an area with great accuracy (col. 1, lines 29-32).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Bjarne’s angled exit holes to Holderman’s nozzle opening, because doing so would enable Holderman’s nozzle to strike compressed air into the cone with great accuracy.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) and Clausen (US 1888788 A) as applied to claim 20 in further view of Inglis (US 4385728 A).
Claim 24: modified Holderman teaches the compaction device of claim 20, wherein the gas ([90], pressurized gas) expelled from the nozzle (540) pressurizes an interior of the smoking cone (pressurized gas flowing into the cone abuts the cone’s inner walls and inherently pressurizes the cone to some extent).
Modified Holderman does not explicitly teach that the nozzle includes a tapered surface configured to form a seal against the smoking cone when the nozzle is inserted into the smoking cone.
Inglis teaches a nozzle (fig. 3 and col. 3, line 59 – col. 4, line 16) including a tapered surface (surface of 24) configured to form a seal against a smoking cone (#24 is conic and can inherently match and seal a cone of the same shape) when the nozzle is inserted into the smoking cone, such that the nozzle entrains compressed air streams together in order to amplify flow (abstract) while remaining cheap and safe (abstract).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to taper Holderman’s nozzle as taught by Inglis, because doing so would entrain compressed air streams together in order to amplify flow while remaining cheap and safe.
Claims 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Clausen (US 1888788 A).
Claim 25: Holderman teaches a compaction device (fig. 1A-B and [63]), comprising:
a base (main bodies of 300 and 500);
an actuator (fig. 5D and [91-93], #541 and #542) coupled to the base (main bodies of 300 and 500); a nozzle assembly (540) configured to expel gas (pressurized gas), wherein a portion of the nozzle assembly (540) is sized to fit within a smoking cone (cone), and wherein the nozzle assembly (540) is coupled to the actuator (541 and 542) such that the actuator, in operation, moves the nozzle assembly up or down (#542 and move #540 upward and downward);
a nest (fig. 3E and [80], #310) configured to hold the smoking cone (cone), wherein the nest (310) includes an opening ([90], bottommost opening of #310 through which air flows); and a plug assembly (fig. 5H and [89-90], #561 and #562) extending from a surface of the base (main bodies of 300 and 500), wherein an element (561) of the plug assembly (561 and 562) is configured to contact the opening (#561 contacts, via #567, the bottommost surface and opening of #310) of the nest.
Holderman does not explicitly teach that the element is configured to plug the opening of the nest.
Clausen teaches a wrapping and cutting device (title) comprising a side plug mechanism (fig. 2 and p. 2 left column, lines 38-41, #22) configured to plug a side opening (21), such that the side plug mechanism is made simple (p. 2 left column, lines 24-29).
Holderman’s side plug mechanism (Holderman fig. 5H and [90], #561, #562, and #567) removably couples to a side opening (bottommost opening of #310 through which air flows), and Clausen’s side plug mechanism (Clausen fig. 2 and p. 2 left column, lines 38-41, #22) removably couples to a side opening (21) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to resize Holderman’s side opening and side plug mechanism such that the side plug mechanism can plug the side opening, because doing so is exemplified by Clausen as a simple mechanism and would otherwise be a simple substitution Holderman’s surrounding tube for Clausen’s inserting tube to achieve the same outcome of removable coupling.
Claim 26: modified Holderman teaches the compaction device of claim 25, wherein the plug assembly (fig. 5H and [89-90], #561 and #562) includes a side plug activator (562) configured to extend and retract the plug (#562 can move #561 upward and downward), and wherein the plug (561) is configured to couple with the opening (bottommost opening of 310) in an extended position of the side plug activator (when #562 extends, #561 is moved upward to contact #310).
Claim 27: modified Holderman teaches the compaction device of claim 25, wherein the nest (fig. 3E and [80], #310) includes a channel (interior channel of 310) configured to hold the smoking cone (cone).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Clausen (US 1888788 A) as applied to claim 25 in further view of Hicks (US 20070006888 A1).
Claim 28: modified Holderman teaches the compaction device of claim 25, wherein the nozzle assembly (fig. 5D and [93], #540) is configured to expel the gas (pressurized gas) into the smoking cone.
Modified Holderman does not explicitly teach that the portion of the nozzle assembly is configured to enter the smoking cone.
Hicks teaches a compaction device (fig. 7 and [71]) comprising actuators (230) configured to be inserted into a smoking receptacle (21) and deliver pressurized gas to a smoking receptacle ([20], the insertion mechanism is compressed air), such that the smoking receptacle fits over the actuators [71] in order to receive smoking precursor.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to extend Holderman’s actuator’s range of motion into the cone as taught by Hicks, because doing so would enable Holderman’s cone to fit over the actuator in order to receive smoking precursor.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Clausen (US 1888788 A) as applied to claim 25 in further view of Bjarne (US 3304012 A).
Claim 29: modified Holderman teaches the compaction device of claim 25.
Modified Holderman does not explicitly teach that the nozzle assembly includes one or more angled exit holes positioned proximally to an opening from which the gas is expelled from the nozzle assembly.
Bjarne teaches a nozzle assembly (fig. 1 and col. 2, lines 10-14) comprising angled exit holes (8) surrounding an opening (9) for delivering pressurized gas (compressed air), such that the angled exit holes rotate the compressed air (lines 10-14) in order to strike an area with great accuracy (col. 1, lines 29-32).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Bjarne’s angled exit holes to Holderman’s nozzle opening, because doing so would enable Holderman’s nozzle to strike compressed air into the cone with great accuracy.
Claims 30 and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) and Inglis (US 4385728 A).
Claims 30, 32, and 34: Holderman teaches a compaction device (fig. 1A-B and [63]) comprising:
a base (main bodies of 300 and 500);
an actuator (fig. 5D and [91-93], #561 and #562) configured to move relative to the base (#562 can move #561 upward and downward); a nozzle ([93], #540) configured to be positioned, via movement of the actuator, near a smoking cone (#562 moves #540 in position to flow pressurized gas into a cone), wherein the nozzle (540) is configured to expel gas into the smoking cone (cone); a nozzle holder (#541 is integral with and holds #540) coupling the nozzle (540) to the actuator (541 and 542);
and a side plug mechanism (fig. 5H and [89-90], #561 and #562) extending from the base (main bodies of 300 and 500), wherein the gas expelled from the nozzle (540) pressurizes an interior of the smoking cone (pressurized gas flowing into the cone abuts the cone’s inner walls and inherently pressurizes the cone to some extent).
Holderman does not explicitly teach that the nozzle is configured to be inserted into the smoking cone, and the nozzle includes a tapered surface configured to form a seal against the smoking cone when the nozzle is inserted into the smoking cone,
the tapered surface of the nozzle is tapered at an angle configured to match an angle of the smoking cone to form the seal,
and the nozzle includes one or more angled exit holes surrounding an opening of the nozzle, wherein the one or more angled exit holes are configured to create an air shield toward a wall of the smoking cone to inhibit smokable material from escaping through a gap between the nozzle and the smoking cone.
Hicks teaches a compaction device (fig. 7 and [71]) comprising actuators (230) configured to be inserted into a smoking receptacle (21) and deliver pressurized gas to a smoking receptacle ([20], the insertion mechanism is compressed air), such that the smoking receptacle fits over the actuators [71] in order to receive smoking precursor.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to extend Holderman’s actuator’s range of motion into the cone as taught by Hicks, because doing so would enable Holderman’s cone to fit over the actuator in order to receive smoking precursor.
Inglis teaches a nozzle (fig. 3 and col. 3, line 59 – col. 4, line 16) including a tapered surface (surface of 24) configured to form a seal against a smoking cone (#24 is conic and can inherently match and seal a cone of the same shape) when the nozzle is inserted into the smoking cone,
the tapered surface (surface of 24) of the nozzle is tapered at an angle configured to match an angle of the smoking cone to form the seal (#24 is conic and can inherently match and seal a cone of the same shape),
and the nozzle includes angled exit holes (#26s) surrounding an opening (interior opening of nozzle through which air #32 flows) of the nozzle, wherein the angled exit holes (topmost and rightmost 26s) are configured to create an air shield (air #32 flows through #26s and entrains surrounding air #33 which teaches creating a wall or shield of air) toward a wall of the smoking cone to inhibit smokable material from escaping through a gap between the nozzle and the smoking cone (the entrained air flows radially inward towards a focal point which would inherently inhibit material from escaping radially outward), such that the nozzle entrains compressed air streams together in order to amplify flow (abstract) while remaining cheap and safe (abstract).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to taper Holderman’s nozzle as taught by Inglis, because doing so would entrain compressed air streams together in order to amplify flow while remaining cheap and safe.
Claim 33: modified Holderman teaches the compaction device of claim 32.
Modified Holderman does not explicitly teach that the angle is about 25 degrees.
Dimensioning Inglis’s tapered angle to about 25 degrees would maintain Inglis’s entraining and flow-amplifying effects. See MPEP 2144.04(IV)(A): Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). The courts have held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to dimension Inglis’s tapered angle to about 25 degrees, because doing so would maintain Inglis’s entraining and flow-amplifying effects and would be a patentably indistinct specification of dimension.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Holderman (US 20190328033 A1) in view of Hicks (US 20070006888 A1) and Inglis (US 4385728 A) as applied to claim 30 in further view of Clausen (US 1888788 A).
Claim 31: modified Holderman teaches the compaction device of claim 30, further comprising: a dial carriage (fig 5E and [80], #300) and including a nest (310) configured to hold the smoking cone (cone), wherein the nest (310) includes a side opening ([90], bottommost opening of #310 through which air flows); and a side plug assembly (fig. 5H and [89-90], #561) configured to contact the side opening (#561 contacts, via #567, the bottommost opening of #310) of the nest (310).
Modified Holderman does not explicitly teach that the side plug assembly is configured to plug the side opening.
Clausen teaches a wrapping and cutting device (title) comprising a side plug mechanism (fig. 2 and p. 2 left column, lines 38-41, #22) configured to plug a side opening (21), such that the side plug mechanism is made simple (p. 2 left column, lines 24-29).
Holderman’s side plug mechanism (Holderman fig. 5H and [90], #561, #562, and #567) removably couples to a side opening (bottommost opening of #310 through which air flows), and Clausen’s side plug mechanism (Clausen fig. 2 and p. 2 left column, lines 38-41, #22) removably couples to a side opening (21) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to resize Holderman’s side opening and side plug mechanism such that the side plug mechanism can plug the side opening, because doing so is exemplified by Clausen as a simple mechanism and would otherwise be a simple substitution Holderman’s surrounding tube for Clausen’s inserting tube to achieve the same outcome of removable coupling.
Response to Arguments
Applicant’s arguments of 2026 August 3 have been carefully considered. Upon further search and consideration necessitated by applicant’s amendments, a new ground of rejection is made for claim 1 over Holderman in view of Hicks and Clausen.
Applicant argues (p. 9-10) that the art of record does not teach the amended claims’ new limitations. However, as in the above analysis, Clausen and Inglis teach the new limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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