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 1-13 and 15 are pending and are subject to this Office Action. Claims 1-13 are amended. Claim 14 is canceled. Claims 9-13 are withdrawn. Claim 15 is newly added. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election of Claims 1-8 and 15 in the reply filed on 05/04/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities:
Pg. 9, Line 14: "that it can be easily" should read "that can be easily"
Pg. 12, Lines 27-28 : "first closing assembly 11" should read "first folding device 11"
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities:
Line 2: “smoking articles withing” should read “smoking articles within”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1, 2, 3, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 20220175019 A1), and further in view of Kustal (US 20210392944 A1).
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With regard to Claim 1, Tuttle, directed to a pre-rolled cone filling apparatus for packing, finishing, and extruding or cigarettes, teaches (i) a pre-rolled cone (Fig. 6: #800) comprising filling material (Fig. 6: #810) and an open upper edge (Fig. 6: #801, [0067]). (ii) A plate (Fig. 6: #110) having a working surface (Fig. 6: #111) comprises a tapered hole (Fig. 6: #113) configured to receive the pre-rolled cone and upper edge (Fig. 6: #801) of the pre-rolled cone (Fig. 6: #800, [0067]). (iii) Pushing a tube (Fig. 6: #142), meeting the claim limitation of an abutment element, into the tapered hole (Fig. 6: #113) when the pre-rolled cone (Fig. 6: #800) is inserted causes a crimped edge (Fig. 6: #802) of the pre-rolled cone (Fig. 6: #800) to catch and fold down [0073].
(iv) A separate embodiment discloses a tube (Fig. 8: #242), meeting the claim limitation of a channel, in communication with a tapered hole to push and compress filled cones using a thin rod (Fig. 8: #232, [0086]). (v) The thin rod (Fig. 8: #232), relating to the abutment element and prior mentioned tube (Fig. 6: #142), is slidably disposed within the tube (Fig. 8: #242), allowing selective exposure of the tip of the tube tip during operation [0078]. Tuttle teaches all the limitations of the claims as set forth above, however Tuttle is silent to:
At least one gripping member comprising a gripping seat configured to receive and grip each of said smoking articles
Wherein at least one of said gripping member and said folding member is movable relative to the other so as to insert said open rear zone into cavity
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Kustal, directed to an automated prefill fill and twist system, teaches (i) an end effector subassembly (Fig. 4C: #230) comprising an inner inflation bladder (Fig. 4C: #232) and outer inflation bladder (Fig. 4C: #233) used to grip cones (Fig. 4C: #202, [0045]) within a through hole (Fig. 3: #224, [0038]). (ii) The inflation bladders are part of an end effector subassembly (Fig. 4C: #230) that is movable [0042] relative to a cone magazine (Fig. 4C: #221). One of ordinary skill in the art would find it obvious to combine the folding member of modified Tuttle with the moving end effector subassembly of Kustal to securely retain and manipulate individual cones during operation [0045].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the apparatus of Tuttle to wherein at least one gripping member comprising a gripping seat configured to receive and grip each of said smoking articles and wherein at least one of said gripping member and said folding member is movable relative to the other so as to insert said open rear zone into cavity because both Tuttle and Kustal are directed to pre-rolled cone filling apparatuses. Kustal teaches an end effector subassembly comprising inner inflation bladder and outer inflation bladder to securely retain and manipulate individual cones during operation [0045] and this merely involves applying known gripping components to a known apparatus ready for improvement to yield predictable results.
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With regard to Claim 2, Tuttle teaches wherein the tapered hole (Fig. 6: #113) is a frustoconical shape.
With regard to Claim 3, Tuttle teaches wherein the tube (Fig. 6: #142) is configured to be pushed into the tapered hole (Fig. 6: #113) to compact the pre-rolled cone (Fig. 6: #800) and cause multiple folds of the crimped edge (Fig. 6: #802, 0073]). One of ordinary skill in the art would find it obvious to configure the tube (Fig. 6: #142) to move in a position out of the tapered hole (Fig. 6: #113) because the apparatus performs a repeated process, and the process would require removable of the tube (Fig. 6: #142) after completing the folding operation to allow positioning of another cone (Fig. 6: #800).
With regard to Claim 4, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
A carriage coupled to at least one gripping member and configured to lower and raise said at least one gripping member
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Kustal teaches an actuator (Fig. 4A: #228) that lowers and raises the end effector subassembly (Fig. 4A: #230) relative to a support (Fig. 4A: #227, [0042]) to help provide controlled insertion of the smoking article to increase the speed and consistency of the apparatus [0002 & 0042].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the apparatus of modified Tuttle to comprise a carriage coupled to at least one gripping member and configured to lower and raise said at least one gripping member because both Tuttle and Kustal are directed to pre-rolled cone filling apparatuses. Kustal teaches an actuator that lowers and raises the end effector subassembly to help provide controlled insertion of the smoking article to increase the speed and consistency of the apparatus [0002 & 0042] and this merely involves applying known a known actuator to a known apparatus ready for improvement to yield predictable results.
With regard to Claim 5, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
Wherein said at least one gripping member comprises at least two jaws having opposing and specular semi-cylindrical, or frustoconical recesses
When said jaws are tightened against each other, they define a gripping seat for each of the smoking articles
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Kustal teaches wherein (i) the end effector subassembly (Fig. 4C: #230) comprises an inner inflation bladder (Fig. 4C: #232) and an outer inflation bladder (Fig. 4C: #233) having opposing circular shapes [0040]. Modifying the shape of the inflation bladders of Kustal would have been an obvious matter of design choice as it would perform the same gripping function and achieve the same results (MPEP 2144.04 (IV)(A)). (ii) When the inner and outer inflation bladders (Fig. 4C: #232 & #233) are inflated, they define a through hole (Fig. 4C: 224, [0038]) to grip the cones (Fig. 4C: #202) to securely retain and manipulate individual cones during operation [0045].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the gripping members of modified Tuttle to wherein said at least one gripping member comprises at least two jaws having opposing and specular semi-cylindrical, or frustoconical recesses and when said jaws are tightened against each other, they define a gripping seat for each of the smoking articles because both Tuttle and Kustal are directed to pre-rolled cone filling apparatuses. Kustal teaches inflation blades having circular shapes that define a through hole to grip cones to securely retain and manipulate individual cones during operation [0045] and this merely involves applying known a known clamping technique to a known apparatus ready for improvement to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 20220175019 A1) and Kustal (US 20210392944 A1), as applied to claim 1 above, and further in view of Giddings (US 20210022389 A1, as cited in IDS dated 11/17/2023).
With regard to Claim 6, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
A transport member configured to support each of said smoking article within transport seats and to advance said smoking article along a work path
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Giddings, directed to an apparatus and method for packing cones, teaches a cone carousel (Fig. 4: #112) configured to support cones within cone receptacles (Fig. 4: #110, [0029]). The cone carousel (Fig. 4: #112) is rotated by one cone receptacle (Fig. 4: #110) at a time to allow the carousel to rotate in a serial fashion through multiple stages of the process [0024]. One of ordinary skill in the art would have found it obvious to apply the cone carousel of Giddings to Tuttle to promote an automated sequential process [0087], providing controlled formation of the cones [0004].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the apparatus of modified Tuttle to comprise a transport member configured to support each of said smoking article within transport seats and to advance said smoking article along a work path because both Tuttle and Giddings are directed to packaging of cones comprising aerosol forming material. Giddings teaches a cone carousel rotating in a serial fashion to promote an automated sequential process [0087], providing controlled formation of the cones [0004] and this merely involves applying known a known sequential processing technique to a known apparatus ready for improvement to yield predictable results.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 20220175019 A1), Kustal (US 20210392944 A1), and Giddings (US 20210022389 A1), as applied to claims 1 and 6 above, and further in view of Wagner (WO 2019140237 A1, as cited in IDS dated 11/17/2023).
With regard to Claim 7, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
One or more pistons configures to selectively lift each of said smoking articles from said transport member
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Wagner, directed to an automated filling apparatus, teaches an eject rod (Fig. 2C: #1003) configured to selectively move in an up or down position to eject filled paper cones (Fig. 2C: #200B) from a paper holder assembler [0057-0058]). One of ordinary skill in the art would have found it obvious to combine the ejector rod of Wagner with the transport member of modified Tuttle to provide automatic removal of individual smoking articles after processing, reducing user input and simplifying the apparatus [0048 & 0057].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the transport member of modified Tuttle to wherein or more pistons configures to selectively lift each of said smoking articles from said transport member because both Tuttle and Wagner are directed to methods for packing smoking articles. Wagner teaches an eject rod configured to eject filled paper cones from a paper holder assembler to provide automatic removal of individual smoking articles after processing, reducing user input and simplifying the apparatus [0048 & 0057] and this merely involves applying a known ejector component to a known apparatus ready for improvement to yield predictable results.
With regard to Claim 8, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
Wherein each of said one or more pistons is disposed below the transport member and configured to be inserted into a passage formed in the transport seat
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Wagner teaches wherein the eject rod (Fig. 2C: #1003) is disposed below cone-shaped holes (Fig. 2A: #1002), meant for receiving unfilled paper cones (Fig. 2A: #200A, [0057]). The eject rod (Fig. 2C: #1003) is inserted upward into respective cylinders (Fig. 2A: #1004) and the cone-shaped holes (Fig. 2A: #1002, [0059]). Figure 2C illustrates the extended illustration of the eject rods (Fig. 2C: #1003) within the cone-shaped holes (Fig. 2A: #1002). One of ordinary skill in the art would understand that since the eject rods operate by extending upward to push cones from their receiving locations, applying the same ejection mechanism to the transport member of modified Tuttle would result in the eject rods also being disposed below the transport member. One would be motivated to make this combination to allow the cones to remain supported within their receiving seats until ejection is desired and allows removal of the cones using the same receiving opening, thereby simplifying the ejection mechanism [0057-0059].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the transport member of modified Tuttle to wherein or more pistons configures to selectively lift each of said smoking articles from said transport member because both Tuttle and Wagner are directed to processes for packing smoking articles. Wagner teaches an eject rod positioned below holes meant for receiving paper cones to support the cones within their receiving seats until ejection is desired and allow removal of the cones using the same receiving opening, thereby simplifying the ejection mechanism [0057-0059] and this merely involves combining prior art elements according to known packaging methods to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 20220175019 A1) and Kustal (US 20210392944 A1), as applied to claims 1 and 5 above, and further in view of Dernord (“Stainless Steel 304 Single Pin Heavy Duty Tri Clamp with Wing Nut”).
With regard to Claim 15, modified Tuttle teaches all the limitations of the claims as set forth above, however modified Tuttle is silent to:
Wherein each of said jaws comprises at least one guide element and at least one hole which is configured to accommodate the guide element of the opposing jaw
Said guide elements cooperating with each other to tighten each smoking article in said gripping seat so as to prevent or reduce oscillations or inclinations of the smoking article
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Dernord, directed to a heavy duty tri clamp, teaches (i) two jaws (Fig. 1: J1 & J2). One jaw (Fig. 1: J1) comprises a protruding element (Fig. 1: G1) and at least one hole (Fig. 1: H1). The other jaw (Fig. 1: J2) comprises a screw element (Fig. 1: G2) and at least one hole (Fig. 1: H2). The hole (Fig. 1: H2) accommodates the protruding element (Fig. 1: G1) of the opposing jaw (Fig. 1: J1) and the hole (Fig. 1: H1) accommodates the screw element (Fig. 1: G2) of the opposing jaw (Fig. 1: J2).
(ii) The protruding element (Fig. 1: G1) and screw element (Fig. 1: G2) cooperate with each other to tighten a diameter of the clamp (Product Description). One of ordinary skill in the art would have found it obvious to modify the jaws of modified Tuttle to include the cooperating elements of Dernord to further secure the opposing jaw members during tightening. Incorporating the techniques of Dernord would also provide a secure hold of the cone (Product Description) of modified Tuttle, reducing the chance for movement while within the gripping seat of modified Tuttle.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the jaws of modified Tuttle to wherein each of said jaw comprises at least one guide element and at least one hole which is configured to accommodate the guide element of the opposing jaw and said guide elements cooperating with each other to tighten each smoking article in said gripping seat so as to prevent or reduce oscillations or inclinations of the smoking article because both Tuttle and Dernord are directed to securing components using clamping techniques. Dernord teaches a tri clamp comprising cooperating elements to provide easy tightening of the clamp (Product Description) and this merely involves applying a known clamping configuration to jaws of a known cone filling apparatus ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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