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 .
Application Status
This action is responsive to the claims filed 29 December 2025.
Claims 1-2 and 4-16 are currently pending and being examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 December 2025 has been entered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“feeding mechanism configured to supply”
“weighing device configured to measure the weight”
“shaping member”
“pressing member”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claims 1 and 13, recites “feeding mechanism configured to supply”, which is described in the specification as "the hopper 21 and the four feed members 27 define means for feeding the incoherent material M." (p. 14)
Claims 9 and 14, recites " weighing device configured to measure the weight ", which is described in the specification as "for exam pie as a weighing unit 23 (figs. 5, 6, 8 and 9) disposed below the four delivery devices 22 and suitable to weigh each container 100 during a first filling sub-step provided in a step of delivery of the incoherent material M into the containers 100". (p. 13)
Claims 10 and 15, recites "shaping member, which is described in the specification as "[t]he shaping assembly 13 (figs. 1, 10 and 11) is disposed adjacent to the feed station 201 (fig. 2) and has the function of eliminating any wrinkles, or folds, present in the containers 100, in particular in the case of casings for smoking articles such as that described with reference to fig. 3, before proceeding with their filling, as will be described in detail below." (p. 18)
Claims 11 and 16, recites "pressing member", which is described in the specification as "Each pressing assembly 16 and 17 (figs. 1, 12) is substantially the same as the 15 shaping assembly 13, with the exception of the four conical elements 66 which are here replaced by four vertical bars 70, for exam pie cylindrical, having the function of selectively entering inside a container I 00 containing the incoherent material M in order to lightly press it." (p. 19)
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11, line 4 recites “inchohernt”, should read “incoherent”.
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.
Claim(s) 1-2, 4, 8-11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartlett (US 2,807,289) in Overbeck (US 2015/0075671).
Bartlett teaches:
Claims 1 and 13: A filling apparatus and method (fig.1) for automatically filling containers with a material (1:15-31), the apparatus comprising:
a feeding mechanism (56,58-fig.1) configured to supply the material from a source (2:30-36);
one delivery unit (at least 60,64,65,84,98-fig.1), each operatively connected to the feeding mechanism and configured to receive said material (at least 6:58-7-5), delivery unit arranged to meter and deliver a predetermined quantity of said incoherent fibrous material (2:66-3:13);
PNG
media_image1.png
265
564
media_image1.png
Greyscale
for said delivery unit (at least 60,64,65,84,98-fig.1), a respective conveying structure (154-fig.1) disposed downstream thereof, the conveying structure being independent of the delivery unit (see fig.1 showing 154 is downstream/below and independent from 98) and having a funnel-shaped body (“funnel” 154-fig.7), with:
a wider inlet portion (A-annotated fig.7) positioned adjacent to the respective delivery unit (see fig.1 showing the wide top of the funnel A is adjacent to 98), and
a narrower outlet portion (B-annotated fig.7) configured to be selectively inserted into an opening of one of the containers (160-fig.7; 4:26-41),
a vibrator assembly (162-fig.1) operatively connected to each conveying structure (4:61-67), the vibrator assembly being selectively actuatable to induce vibration in the respective conveying structure during passage of the material therethrough (the vibrator is electrical which is capable of being turned on and off, therefore selectively actuatable; 5:4-11), such that uninterrupted material flow is facilitated and retention of residual material within the conveying structure is reduced (5:4-11; 7:17-27).
Bartlett does not expressly teach a filling apparatus for automatically filling containers with an incoherent fibrous material, the apparatus comprising: a delivery unit comprising a first rotating element and a second rotating element, wherein the first and second rotating elements are arranged in cooperative relation to meter and deliver a predetermined quantity of said incoherent fibrous material.
Overbeck teaches a filling apparatus (2-fig.1) for automatically filling containers (18-fig.1) with an incoherent fibrous material (¶[0071]), the apparatus comprising: a delivery unit (at least 6,8,10,16,17,38-fig.1) comprising a first rotating element (8-fig.1) and a second rotating element (10-fig.1), wherein the first and second rotating elements are arranged in cooperative relation to meter (17-fig.1. ¶[0087]-[0091]) and deliver a predetermined quantity of said incoherent fibrous material (¶[0071],[0087]-[0091]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of Bartlett, by using the delivery unit, containers and incoherent material, as taught by Overbeck, as an alternative feeding/delivery device that is known to be used to feed tobacco and has the advantage of being able to efficiently meter the product before being filled into containers. (Overbeck ¶[0018]-[0022]).
Bartlett as modified by Overbeck:
Claim 2: The filling apparatus as in claim 1, wherein said first rotating member element (Overbeck: 8-fig.1) is configured to rotate in a first direction (Overbeck: ¶[0089]) at a first angular velocity (Overbeck: 8 is driven by a drive 14, therefore being spun at a first angular velocity), and said second rotating element (Overbeck: 10-fig.1) is configured to rotate in a second direction (Overbeck: ¶[0089]), opposite said first direction (Overbeck: ¶[0089]), at a second angular velocity (Overbeck: 10 is driven by drive 12, therefore being spun at a second angular velocity) different from the first angular velocity (Overbeck: 12 and 14 are separate and independent drives, therefor can be spun at a different velocity), such that the rotating elements cooperatively convey the incoherent fibrous material towards the respective conveying structure (Overbeck: ¶[0071]).
Claim 4: The filling apparatus as in claim 3.
Bartlett as modified by Overbeck does not expressly teach said conveying structure, has a horizontal cross-sectional area at the outlet portion of less than 150 mm2.
However, it would have been obvious to one of ordinary skill in the art at the filing date of the invention to a horizontal cross-sectional area at the outlet portion of less than 150 mm2, since it has been held that changing the size or range of an article is not ordinarily a matter of invention. Appropriate selection of size, weight, ratios, etc. is considered routine, and is typically a matter of design choice. See In re Rose 105 USPQ 237 (CCPA 1955) and also In re Yount (36 C.C.P.A. (Patents) 775, 171 F.2d 317, 80 USPQ 141. Further, in re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" where held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.). See MPEP 2144.04(IV)(A).
Claim 8: The filling apparatus as in claim 1, wherein said first rotating element (Overbeck: needle roller 8-fig.1) includes, on its cylindrical surface, a plurality of sharp elements angularly distributed at regular intervals and aligned in multiple parallel rows (Overbeck: ¶[0030]-[0032]), and wherein said second rotating element (Overbeck: picker roller 10-fig.1) has a smaller diameter than the first rotating element (Overbeck see fig.1 showing 10 is smaller than 8) and includes, on its cylindrical surface, a plurality of teeth angularly distributed and aligned in multiple parallel rows (Overbeck: ¶[0030]-[0032]), the teeth being axially offset relative to said sharp elements (Overbeck: ¶[0030]-[0032]).
Claim 9 and 14: The filling apparatus and method as in claim 1, further comprising a weighing device (Overbeck: 30-fig.1) configured to measure the weight of the incoherent fibrous material in each of said containers (Overbeck: ¶[0082]-[0083]), and a controller (Overbeck: 40-fig.1) configured to control said first rotating member and said second rotating elements of said one or more delivery units based on measurements from said weighing device (Overbeck: ¶[0091]).
Claims 10 and 15: The filling apparatus and method as in claim 1, further comprising a shaping member (Overbeck: 34-fig.1) disposed upstream of said one or more delivery units and sized and shaped for insertion into said containers prior to filling to smooth wrinkles or folds therein (Overbeck: ¶[0085],[0088]).
Claims 11 and 16: The filling apparatus and method as in claim 1, further comprising a
pressing member (Overbeck: 44-fig.1) disposed downstream of said one or more delivery units and sized and shaped for insertion into said containers at least partly filled with incoherent fibrous material to compact the incoherent fibrous material within the container (Overbeck: ¶[0096]-[0097]).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartlett (US 2,807,289) in Overbeck (US 2015/0075671), further in view of Wahl (US 2,857,938).
Claim 5: The filling apparatus as in claim 1, wherein said first rotating element (Overbeck: 8-fig.1) is rotatably mounted about a first substantially horizontal axis of rotation within a conveying cavity associated with said feeding mechanism (Overbeck: see fig.1 showing 10 having a horizontal axis of rotation going into the page), and said second rotating element (Overbeck: 10-fig.1) is rotatably mounted about a second axis of rotation (Overbeck: see fig.1 showing 8 having a horizontal axis of rotation going into the page) parallel to said first axis of rotation within the same conveying cavity (Overbeck: see fig.1 showing the axis of both are parallel).
Bartlett as modified Overbeck does not expressly teach a conveying cavity is formed between a vertical support plate and a removeable closing plate, the support plate supporting the first and second rotating elements and the closing plate being removably attached to the support plate.
However, Wahl teaches a conveying cavity is formed between a vertical support plate and a removeable closing plate, the support plate supporting the first and second rotating elements and the closing plate being removably attached to the support plate (41; 10:26-42).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of Bartlett as modified by Overbeck, by having a removable frame, as taught by Wahl, so as all parts of the apparatus can be removed to clean the inside parts.
Bartlett as modified by Overbeck and Wahl:
Claim 6: The filling apparatus as in claim 5, wherein said vertical support is mounted to slide vertically (Wahl: 10:26-42).
Claim 7: The filling apparatus as in claim 5, wherein said conveying cavity has an exit aperture (Overbeck: 16-fig.1; ¶[0071]) that is aligned along a vertical axis passing between said first and second axes of rotation (Overbeck: see fig.1 showing that 16 is located between 8 and 10), and is substantially centered with respect to the conveying structure (Overbeck: see fig.1 showing 16 is substantially centered within 6).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartlett (US 2,807,289) in Overbeck (US 2015/0075671), further in view of Canestri (US 2015/0183537).
Bartlett as modified by Overbeck teaches:
Claim 12: The filling apparatus as in claim 11.
Bartlett as modified by Overbeck does not expressly teach a first filling station and at least one second filling station, each comprising at least one of said delivery units, said first and second filling stations being disposed in sequence sequentially along a working line with said pressing members interposed therebetween, wherein said first and second filling stations are configured to deliver, respectively, a first quantity and a second quantity of incoherent fibrous material, and wherein said pressing member is operable to press said first quantity of incoherent fibrous material inside said containers prior to delivery of said second quantity of incoherent fibrous material by the second filling station.
However, Canestri teaches a first filling station (B11a,B13a,B14a,T31-fig.7a) and at least one second filling station (B11b,B13b,B14b,T32-fig.7a), each comprising at least one of said delivery units (T31,T32-fig.7a), said first (B11a,B13a,B14a,T31-fig.7a) and second filling stations (B11b,B13b,B14b,T32-fig.7a) being disposed in sequence sequentially along a working line (113-fig.7a) with said pressing members interposed therebetween (300 and/or 400-fig.3), wherein said first and second filling stations are configured to deliver, respectively, a first quantity (Q1 P1-fig.7a) and a second quantity of incoherent fibrous material (Q2P1-fig.7a), and wherein said pressing member (300 and/or 400-fig.3) is operable to press said first quantity of incoherent fibrous material inside said containers prior to delivery of said second quantity of incoherent fibrous material by the second filling station (at least ¶[0039],[0061]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention, to modify the apparatus of Bartlett and Overbeck, by having two filling stations that fill two different quantities into a container, as taught by Canestri, to ensure that the correct quantity is
filled into each container and that the filled material is evenly compacted throughout the container.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATIE L GERTH/Examiner, Art Unit 3731