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 .
Claim Rejections - 35 USC § 112
Claims 10 and 20 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.
The term “a density that promotes a slow and even burn” in claims 10 and 20 is a relative term which renders the claim indefinite. The term “a slow and even burn” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 2, 5, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019).
Claim 1. Hauth et al. discloses a pre-roll cone folding system 1 comprising a pre-roll cone holder assembly 70 (unloading tray/mold) which may include a plurality of pre-roll cone holders 702 (apertures) configured for receiving and supporting a plurality of pre-roll cones 20 ([0055]; Figure 7a). The system 1 further comprises pre-roll cone folder assembly 80 (fold plate) which includes a plurality of pre-roll cone folders 803 (e.g. a version or embodiment of folder 3 with at least similar structures). The pre-roll folder assembly 80 (fold plate) includes a body 86, an upper surface 88 of the body 86. The body 86 defining the plurality of pre-roll cone folders 803 with the upper surface 88 defining the top recesses 44 for accessing the slots 43 of the plurality of pre-roll cone folders 2. Body 86 further defines a bottom surface 89 opposite the upper surface 88 for engaging the upper surface 78 of the pre-roll cone holder assembly 70 and for providing access via receiving openings 48 to the receiving cavity 47 and/or receptacles 841 of the pre-roll cone folders 803. Some slots 43 in a six-point cross configuration are also shown via and from the perspective of receiving cavity 847. The six-point cross configuration of slot 43 is to match the six-point cross shape of shaper 53 (tamping tool) of FIG. 8D. Guide posts 83 are inserted into holes of pre-roll cone folder assembly 80 and are configured to mate with corresponding holes in a pre-roll cone holder assembly 70 (fold plate configured to rest on top of the mold). ([0057]-[0058]; Figures 8a-8e). The pre-roll cone folder may include a receptacle 41 that defines a receiving cavity 47. The receptacle 41 may be configured to engage the pre-roll cone holder and to accept within the receptacle 41 at least a top portion 25 of a pre-roll cone 20 supported in the sloped cavity 32 of the pre-roll cone holder. The receptacle 41 further defines or includes a crimping segment 42 opposite the rim 46. The crimping segment 42 defines a portion of the receiving cavity 47. The crimping segment 42 (angled chamfer) defines an at least partially narrowed portion of receiving opening 48 and/or receptacle 41 for partially compressing (e.g. into at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape) a top portion 25 of a pre-roll cone 20 lodged in receptacle 41 into a pre-folded state. The crimping segment 42 includes at least one of a cone shape, dome shape, or other compressive shape to engage a top portion 25 and partially compress it. A top portion 25 partially compressed by crimping segment 42 is said to be “pre-folded” because it renders the top portion 25 suitable for plunger 4. The crimping segment 42 is placed and configured to accept and partially compress a top portion 25 of a pre-roll cone 20 disposed within receiving cavity 47 to form pre-folded cone 71 with the top portion 25 of the pre-roll cone 25 in at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape ([0049]; Figure 4b, 4c, and 8e). The handle 51 of plunger 4 (tamping tool) may be gripped and directed to cause shaft 52 and shaper 53 to slide through a slot 43 of a pre-roll cone folder 3 and to engage a top portion 25 of a pre-roll cone 20 ([0065]; Figures 8e, 13, and 14).
Hauth et al. teaches a plunger 4 (tamping tool) but does not explicitly disclose that the tamping tool comprises a base plate and a plurality of rods depending therefrom, wherein each of the plurality of rods is positioned on the base plate to align with a corresponding aperture of the mold and wherein the tamping tool is configured to receive a first downward force and to apply the first downward force to the preroll cones causing the folded paper cone to close, and wherein the tamping tool is configured to receive a second downward force and to apply the second downward force to the preroll cones, causing the preroll cones to pass through the apertures of the mold, thus sealing the preroll cones and expelling the preroll cones from the unloading tray.
Tuttle discloses a pre-rolled cone filling, packing, finishing, and extruding apparatus (Abstract) comprising a closing and extruding device 140 having a handle 141 and a plurality of tubes 142. Each of the tubes 142 has a concaved tip 145, which allows for catching and closing of crimped upper edges of pre-rolled cones. The tube 142 may preferably be made of plastic, such as Nylon, or any other material such as wood, metal, aluminum, or the like, suitable to the purpose of being sufficiently rigid to be used to push and compress the filled pre-rolled cones out of the plate and through the tapered hole ([0065]-[0066]; Figures 2a and 4-7). A tube 142 of a closing and extruding device 140 presses against the now packed pre-rolled cone 800. Pushing of the tube 142 into the tapered hole 113 causes the crimped edge 802 of the pre-rolled cone 800 to catch and fold down (first downward force). As the operator continues to push the tube 142 onto the pre-rolled cone 800 within the tapered hole 113, the motion causes all the folds of the crimped edge 802 to close and compacted into a closed top 803. The pushing of the tube 142 against the pre-rolled cone 800 also moves the pre-rolled cone further down into the tapered hole 113, getting it ready for an extrusion phase where finally it is extruded (second downward force) from the tapered hole 113 and the plate 110 onto, or into, the catcher 850 ([0073]-[0075]; Figures 6 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the plunger 4 (tamping tool) of Hauth et al. be replaced with a closing and extruding device 140 having a handle 141 and a plurality of tubes 142 as taught by Tuttle so that the tamping for each cone can be simultaneously, instead of individually thus saving time in the packing, finishing, and extruding process.
Claim 2. Modified Hauth et al. discloses that base 120 holds the plate 110 up in a position sufficiently spaced from the catcher 850 (crowning block) to allow the pre-rolled cones 800 to partially hang out of the corresponding tapered holes 113 while the tapered holes 113 hold the pre-rolled cones 800. The catcher 850 may be any surface that may be used to catch and gather extruded cigarettes, such as a table, a floor, a bin, or a basin (cavity disposed so as to collect the preroll cones). There should be enough space for the extruded cigarette to fall onto, or into, the catcher 850 (Tuttle [0059]; Figures 1a, 1b, 9, 10, 12).
Claim 5. Modified Hauth et al. discloses at least semi-filling one or more empty pre roll cones (e.g. pre-roll cones 20) with a desired amount (specific weight) of tobacco or herb (Hauth [0083]). Furthermore, the size of the cavity depends at least on the size of the pre-roll cones that are to be folded (Hauth [0048]).
Claim 9. Modified Hauth et al. discloses that the crimping segment 42 defines an at least partially narrowed portion of receiving opening 48 and/or receptacle 41 for partially compressing (e.g. into at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape) a top portion 25 of a pre-roll cone 20 lodged in receptacle 41 into a pre-folded state. The crimping segment 42 includes at least one of a cone shape, dome shape, or other compressive shape to engage a top portion 25 and partially compress it (Hauth [0049]; Figure 4b, 4c, 8e). While Hauth et al. does not explicitly disclose that the crimping segment comprises a wall angled at 45 degrees, it would have been obvious to one of ordinary skill in the art that the crimping segment 42 may be modified to have a cone shape where the cone is formed by a wall angled at 45 degrees, as a matter of routine optimization to achieve the desired pre-folded state of the pre-roll cone.
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019) and further in view of Simpson et al. (US 2020/0015516).
Claim 3. Modified Hauth et al. discloses the system of claim 1 wherein an operator manually pushes the tube 142 onto the pre-rolled cone 800 ([0073]). Modified Hauth et al. does not explicitly disclose a pneumatic press configured to apply the second downward force to the tamping tool.
Simpson et al. discloses a filling method and process for a flower cartridge, wherein the process uses a tamping plate 200 having protrusions which are aligned with the individual holes of the filling tray 201. The press may be activated by pneumatic means to insert the tamping plate to a preconfigured depth ([0183]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tamping tool of Tuttle so that it uses a pneumatic press to apply the downward force instead of manual force by a user, to ensure that the force is applied evenly to each cone. Furthermore, providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (See MPEP § 2144.04(III)).
Claim 10. Modified Hauth et al. discloses the system of claim 1 wherein the cone may be filled with a filler such as tobacco or herbs (cannabis flower) (Hauth [0044]) but does not explicitly disclose that the first downward force and second downward force are configured to compact the cannabis flower to a density that promotes a slow and even burn.
Simpson et al. teaches the use of tamping plates with protrusions of varying depths for use with natural consumables that have wide ranges of density, viscosity, or stickiness. The present invention contemplates a different mass or volume of consumables per cartridge, by varying the physical dimensions of the first or second tube, method of crimping, tamping pressure, or tamping depth. The variations described are aimed at creating a porous plug within the cartridge of a predetermined density and volume to deliver a precise amount of active ingredients and a predictable, high quality user experience ([0183]-[0184]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the tamping pressure is adjusted, as a matter of routine optimization, such that the cone is filled to a predetermined density that provides a “high quality user experience” as taught by Simpson et al. One of ordinary skill in the art would recognize a “slow and even burn” as characteristic of a “high quality user experience”.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019) and further in view of Manalang et al. (US 2022/0160021).
Claim 4. Modified Hauth et al. discloses that the pre-roll cone holder assembly 70 and/or pre-roll cone folder assembly 80 can be produced by being 3d printed using various types of plastics such as PLA (polylactic acid), ABS (Acrylonitrile Butadiene Styrene) etc ([0084]) but does not explicitly disclose that the pre-roll cone holder assembly 70 (unloading tray/mold) is formed from silicone.
Manalang et al. discloses a machine 100 configured to close and trim pre-filled cones. Machine 100 includes a tip gripper 102, height sensor 104, arrangement tray 106, moveable table 108, tip snipper 110, and a body gripper 112. These various components are arranged in a housing 114 ([0027]). In FIG. 3, the arrangement of tip gripper 102, body gripper 112, and filled cone 302 is illustrated ([0046]; Figure 3). Two grip pads 402a and 402b (collectively or generically, grip pad 402) are installed onto body gripper 112, which help provide a rotation-free and slip-free grip upon the cone 302 without crushing or otherwise damaging the cone and its fill material ([0047]; Figure 4). Each grip pad 402 may be constructed from a relatively soft and temporarily deformable elastomeric material, such as silicone or rubber ([0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the pre-roll cone holder assembly 70 (unloading tray/mold) be made from silicone to provide a rotation-free and slip-free grip upon the cone without crushing or otherwise damaging the cone and its fill material, as taught by Manalang et al. ([0047]). Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019) and further in view of Kastner (US 3693630)
Claim 7. Modified Hauth et al. discloses the system of claim 1 wherein the plurality of tubes 142 (tamping tool) may preferably be made of plastic, such as Nylon, or any other material such as wood, metal, aluminum, or the like, suitable to the purpose of being sufficiently rigid to be used to push and compress the filled pre-rolled cones out of the plate and through the tapered hole (Tuttle [0065]-[0066]; Figures 2a and 4-7) but does not explicitly disclose that the plastic is polytetrafluoroethylene.
Kastner discloses a cigarette making machine comprising tobacco compacting member 24, which may be coated on their tobacco contacting surfaces with a non-gumming substance such as TEFLON (a registered trade mark of E. I. duPont) to prevent gumming of these surfaces by the resins and tar in the tobacco (Column 2, lines 48-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the plurality of tubes 142 (tamping tool) may be made out of or coated with Teflon (PTFE) to prevent gumming of the surface as taught by Kastner.
Claims 6, 8, 11, 13, 15, 16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019) and Chempinsky et al. (US 2022/0022524).
Claim 6. Hauth et al. in view of Tuttle discloses the system of claim 1 but does not explicitly disclose that the unloading tray further comprises a cover movable between: a closed position and an open position, wherein the cover prevents the filled preroll cones from passing from the knock box to the unloading tray, and an open position, wherein the preroll cones are permitted to pass from the knock box to the unloading tray.
Chempinsky et al. discloses a tube loading, filling and sealing system (Abstract) comprising a tube loading system 100 (knock box) including a frame 102 that may include two opposing sidewalls spaced apart from each other that creates an inner chamber 104. Tube loading system 100 may further include a thrust plate 106 positioned at or near a top end of tube loading system 100. Thrust plate 106 may extend between the frame 102 walls and may include one or more openings 108 configured to receive one or more tubes 110. In some embodiments, the openings may be arranged in a triangular pattern through thrust plate 106, and each opening 108 may receive a vertical stack of a plurality of tubes 110. While three openings 108 are illustrated in FIG. 1, it is to be appreciated that any suitable number of openings 108 may be implemented in tube loading system 100 (Figure 1; [0033]). The openings 108 may be aligned with and may connect to one or more guide tubes 112 that extend downwardly away from thrust plate 106 and may receive the tubes 110 received through openings 108. The guide tubes 112 may be separated into an upper section 114 and a lower section 116. The upper section 114 may be positioned between thrust plate 106 and an upper slider 118 that extends between the frame 102 walls below thrust plate 106. The lower section 116 may be positioned between upper slider 118 and a lower slider 120 that is positioned below and spaced apart from upper slider 118. The upper slider 118 and the lower slider 120 may extend between the frame 102 walls and may be connected to an actuator 122 that may be positioned outside of the frame 102 walls. In some embodiments, actuator 122 may extend from, at, or slightly above the vertical position of the upper slider 118 to below the vertical position of the lower slider 120. In some embodiments, the actuator 122 may extend to or below a bottom surface of the frame 102. Tube loading system 100 may include two actuators 122, with an actuator 122 positioned outside of each frame 102 wall. Actuator 122 may be connected to the frame 102 at a pivot point 124 from which actuator 122 rotates. Rotation of actuator 122 controls the respective positions of the upper slider 118 and lower slider 120 (Figure 1; [0034]). With actuator 122 in the vertical position, the upper slider 118 may be in an open position that allows one or more tubes 110 to fall through the upper slider 118, while the lower slider 120 may be in a closed position that prevents tubes 110 from falling past the lower slider 120. In the vertical position of actuator 122, tubes 110 may pass through upper portion 114 of guide tubes 112 and may be stopped and positioned in lower portion 116 of guide tubes 112 (Figure 1; [0037]). The upper slider 118 is moved into the closed position and captures the next tube 110. The open position of the bottom slider 120 releases the tube 110 previously occupying the lower potion 116, thereby releasing the tube 110 to the tube filling apparatus (Figure 1; [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to add a tube loading system such as that of Chempinsky et al. to the system of Hauth et al. so that the pre-roll cone holder assembly 70 (unloading tray/mold) does not require loading the cones individually by hand. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the lower slider 120 (cover) would be positioned over pre-roll cone holder assembly 70 (unloading tray/mold) of Hauth in order to prevent the cones from falling into the plurality of pre-roll cone holders 702 (apertures) when the lower slider 120 (cover) is in the closed position.
Claim 8. Hauth et al. in view of Tuttle discloses the system of claim 1 but does not explicitly disclose wherein the apertures defined in the mold are disposed in a pattern based on a layout of the knock box.
Chempinsky et al. discloses a tube loading, filling and sealing system (Abstract) comprising a tube loading system 100 (knock box) including a frame 102 that may include two opposing sidewalls spaced apart from each other that creates an inner chamber 104. Tube loading system 100 may further include a thrust plate 106 positioned at or near a top end of tube loading system 100. Thrust plate 106 may extend between the frame 102 walls and may include one or more openings 108 configured to receive one or more tubes 110. In some embodiments, the openings may be arranged in a triangular pattern through thrust plate 106, and each opening 108 may receive a vertical stack of a plurality of tubes 110. While three openings 108 are illustrated in FIG. 1, it is to be appreciated that any suitable number of openings 108 may be implemented in tube loading system 100 (Figure 1; [0033]). The openings 108 may be aligned with and may connect to one or more guide tubes 112 that extend downwardly away from thrust plate 106 and may receive the tubes 110 received through openings 108. The guide tubes 112 may be separated into an upper section 114 and a lower section 116. The upper section 114 may be positioned between thrust plate 106 and an upper slider 118 that extends between the frame 102 walls below thrust plate 106. The lower section 116 may be positioned between upper slider 118 and a lower slider 120 that is positioned below and spaced apart from upper slider 118. The upper slider 118 and the lower slider 120 may extend between the frame 102 walls and may be connected to an actuator 122 that may be positioned outside of the frame 102 walls. In some embodiments, actuator 122 may extend from, at, or slightly above the vertical position of the upper slider 118 to below the vertical position of the lower slider 120. In some embodiments, the actuator 122 may extend to or below a bottom surface of the frame 102. Tube loading system 100 may include two actuators 122, with an actuator 122 positioned outside of each frame 102 wall. Actuator 122 may be connected to the frame 102 at a pivot point 124 from which actuator 122 rotates. Rotation of actuator 122 controls the respective positions of the upper slider 118 and lower slider 120 (Figure 1; [0034]). With actuator 122 in the vertical position, the upper slider 118 may be in an open position that allows one or more tubes 110 to fall through the upper slider 118, while the lower slider 120 may be in a closed position that prevents tubes 110 from falling past the lower slider 120. In the vertical position of actuator 122, tubes 110 may pass through upper portion 114 of guide tubes 112 and may be stopped and positioned in lower portion 116 of guide tubes 112 (Figure 1; [0037]). The upper slider 118 is moved into the closed position and captures the next tube 110. The open position of the bottom slider 120 releases the tube 110 previously occupying the lower potion 116, thereby releasing the tube 110 to the tube filling apparatus (Figure 1; [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to add a tube loading system such as that of Chempinsky et al. to the system of Hauth et al. so that the pre-roll cone holder assembly 70 (unloading tray/mold) does not require loading the cones individually by hand. Furthermore, it would have been obvious to one of ordinary skill in the art that the plurality of pre-roll cone holders 702 (apertures) defined in the pre-roll cone holder assembly 70 (unloading tray/mold) would be in a pattern that matches the layout of the tube loading system 100 (knock box) of Chempinsky et al.
Claim 11. Hauth et al. discloses a method of using a pre-roll cone folding system 1, the method comprising placing a plurality of pre-roll cones 20 into the plurality of pre-roll cone holders 702 (apertures) provided by pre-roll cone holder assembly 70 (unloading tray/mold), and engaging one or more receptacles 41 of pre-roll cone folder assembly 80 (chamfered fold plate) causing bottom surface 89 of pre-roll cone folder assembly 80 to engage upper surface 78 of pre-roll cone holder assembly 70 while aligned via guide posts 83 ([0062]-[0064]; Figures 7a-b, 8a-e). The pre-roll folder assembly 80 (fold plate) includes a body 86, an upper surface 88 of the body 86. The body 86 defining the plurality of pre-roll cone folders 803 with the upper surface 88 defining the top recesses 44 for accessing the slots 43 of the plurality of pre-roll cone folders 2. Body 86 further defines a bottom surface 89 opposite the upper surface 88 for engaging the upper surface 78 of the pre-roll cone holder assembly 70 and for providing access via receiving openings 48 to the receiving cavity 47 and/or receptacles 841 of the pre-roll cone folders 803. Some slots 43 in a six-point cross configuration are also shown via and from the perspective of receiving cavity 847. The six-point cross configuration of slot 43 is to match the six-point cross shape of shaper 53 (tamping tool) of FIG. 8D. Guide posts 83 are inserted into holes of pre-roll cone folder assembly 80 and are configured to mate with corresponding holes in a pre-roll cone holder assembly 70 (positioning a chamfered fold plate on top of the plurality of preroll cones) ([0057]-[0058]; Figures 8a-8e). The pre-roll cone folder may include a receptacle 41 that defines a receiving cavity 47. The receptacle 41 may be configured to engage the pre-roll cone holder and to accept within the receptacle 41 at least a top portion 25 of a pre-roll cone 20 supported in the sloped cavity 32 of the pre-roll cone holder. The receptacle 41 further defines or includes a crimping segment 42 opposite the rim 46. The crimping segment 42 defines a portion of the receiving cavity 47. The crimping segment 42 (angled chamfer) defines an at least partially narrowed portion of receiving opening 48 and/or receptacle 41 for partially compressing (e.g. into at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape) a top portion 25 of a pre-roll cone 20 lodged in receptacle 41 into a pre-folded state. The crimping segment 42 includes at least one of a cone shape, dome shape, or other compressive shape (angled chamfers) to engage a top portion 25 and partially compress it. A top portion 25 partially compressed by crimping segment 42 is said to be “pre-folded” because it renders the top portion 25 suitable for plunger 4. The crimping segment 42 is placed and configured to accept and partially compress a top portion 25 of a pre-roll cone 20 disposed within receiving cavity 47 to form pre-folded cone 71 with the top portion 25 of the pre-roll cone 25 in at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape ([0049]; Figure 4b, 4c, and 8e). The handle 51 of plunger 4 (tamping tool) may be gripped and directed to cause shaft 52 and shaper 53 to slide through a slot 43 of a pre-roll cone folder 3 and to engage a top portion 25 of a pre-roll cone 20 ([0065]; Figures 8e, 13, and 14).
Hauth et al. teaches a plunger 4 (tamping tool) but does not explicitly disclose that the tamping tool comprises a base plate and a plurality of rods depending therefrom, wherein each of the plurality of rods is positioned on the base plate to align with a corresponding aperture of the mold and wherein the tamping tool is configured to receive a first downward force and to apply the first downward force to the preroll cones causing the folded paper cone to close, and wherein the tamping tool is configured to receive a second downward force and to apply the second downward force to the preroll cones, causing the preroll cones to pass through the apertures of the mold, thus sealing the preroll cones and expelling the preroll cones from the unloading tray.
Tuttle discloses a pre-rolled cone filling, packing, finishing, and extruding apparatus (Abstract) comprising a closing and extruding device 140 having a handle 141 and a plurality of tubes 142. Each of the tubes 142 has a concaved tip 145, which allows for catching and closing of crimped upper edges of pre-rolled cones. The tube 142 may preferably be made of plastic, such as Nylon, or any other material such as wood, metal, aluminum, or the like, suitable to the purpose of being sufficiently rigid to be used to push and compress the filled pre-rolled cones out of the plate and through the tapered hole ([0065]-[0066]; Figures 2a and 4-7). A tube 142 of a closing and extruding device 140 presses against the now packed pre-rolled cone 800. Pushing of the tube 142 into the tapered hole 113 causes the crimped edge 802 of the pre-rolled cone 800 to catch and fold down (first downward force). As the operator continues to push the tube 142 onto the pre-rolled cone 800 within the tapered hole 113, the motion causes all the folds of the crimped edge 802 to close and compacted into a closed top 803. The pushing of the tube 142 against the pre-rolled cone 800 also moves the pre-rolled cone further down into the tapered hole 113, getting it ready for an extrusion phase where finally it is extruded (second downward force) from the tapered hole 113 and the plate 110 onto, or into, the catcher 850 ([0073]-[0075]; Figures 6 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the plunger 4 (tamping tool) of Hauth et al. be replaced with a closing and extruding device 140 having a handle 141 and a plurality of tubes 142 as taught by Tuttle so that the tamping for each cone can be simultaneously, instead of individually thus saving time in the packing, finishing, and extruding process.
Hauth et al. discloses placing a plurality of pre-roll cones 20 into the plurality of pre-roll cone holders 702 (apertures) provided by pre-roll cone holder assembly 70 (unloading tray/mold) ([0062]) but does not explicitly disclose the step of positioning an unloading tray beneath a knock box to receive a plurality of filled paper preroll cones from the knock box into the unloading tray.
Chempinsky et al. discloses a tube loading, filling and sealing system (Abstract) comprising a tube loading system 100 (knock box) including a frame 102 that may include two opposing sidewalls spaced apart from each other that creates an inner chamber 104. Tube loading system 100 may further include a thrust plate 106 positioned at or near a top end of tube loading system 100. Thrust plate 106 may extend between the frame 102 walls and may include one or more openings 108 configured to receive one or more tubes 110. In some embodiments, the openings may be arranged in a triangular pattern through thrust plate 106, and each opening 108 may receive a vertical stack of a plurality of tubes 110. While three openings 108 are illustrated in FIG. 1, it is to be appreciated that any suitable number of openings 108 may be implemented in tube loading system 100 (Figure 1; [0033]). The openings 108 may be aligned with and may connect to one or more guide tubes 112 that extend downwardly away from thrust plate 106 and may receive the tubes 110 received through openings 108. The guide tubes 112 may be separated into an upper section 114 and a lower section 116. The upper section 114 may be positioned between thrust plate 106 and an upper slider 118 that extends between the frame 102 walls below thrust plate 106. The lower section 116 may be positioned between upper slider 118 and a lower slider 120 that is positioned below and spaced apart from upper slider 118. The upper slider 118 and the lower slider 120 may extend between the frame 102 walls and may be connected to an actuator 122 that may be positioned outside of the frame 102 walls. In some embodiments, actuator 122 may extend from, at, or slightly above the vertical position of the upper slider 118 to below the vertical position of the lower slider 120. In some embodiments, the actuator 122 may extend to or below a bottom surface of the frame 102. Tube loading system 100 may include two actuators 122, with an actuator 122 positioned outside of each frame 102 wall. Actuator 122 may be connected to the frame 102 at a pivot point 124 from which actuator 122 rotates. Rotation of actuator 122 controls the respective positions of the upper slider 118 and lower slider 120 (Figure 1; [0034]). With actuator 122 in the vertical position, the upper slider 118 may be in an open position that allows one or more tubes 110 to fall through the upper slider 118, while the lower slider 120 may be in a closed position that prevents tubes 110 from falling past the lower slider 120. In the vertical position of actuator 122, tubes 110 may pass through upper portion 114 of guide tubes 112 and may be stopped and positioned in lower portion 116 of guide tubes 112 (Figure 1; [0037]). The upper slider 118 is moved into the closed position and captures the next tube 110. The open position of the bottom slider 120 releases the tube 110 previously occupying the lower potion 116, thereby releasing the tube 110 to the tube filling apparatus (Figure 1; [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to add a tube loading system such as that of Chempinsky et al. to the system of Hauth et al. so that the pre-roll cone holder assembly 70 (unloading tray/mold) does not require loading the cones individually by hand.
Claim 13. Modified Hauth et al. discloses that base 120 holds the plate 110 up in a position sufficiently spaced from the catcher 850 (crowning block) to allow the pre-rolled cones 800 to partially hang out of the corresponding tapered holes 113 while the tapered holes 113 hold the pre-rolled cones 800. The catcher 850 may be any surface that may be used to catch and gather extruded cigarettes, such as a table, a floor, a bin, or a basin (cavity disposed so as to collect the preroll cones). There should be enough space for the extruded cigarette to fall onto, or into, the catcher 850 (Tuttle [0059]; Figures 1a, 1b, 9, 10, 12).
Claim 15. Modified Hauth et al. discloses that the plurality of pre-roll cone holders 702 (apertures) in the pre-roll cone holder assembly 70 (unloading tray/mold) (Hauth [0062]) are configured to receive cones from the tube loading system 100 (knock box) of Chempinsky et al. (Chempinsky Figure 1; [0033]).
Claim 16. Modified Hauth et al. discloses at least semi-filling one or more empty pre roll cones (e.g. pre-roll cones 20) with a desired amount (specific weight) of tobacco or herb (Hauth [0083]). Furthermore, the size of the cavity depends at least on the size of the pre-roll cones that are to be folded (Hauth [0048]).
Claim 18. Modified Hauth et al. discloses that the crimping segment 42 defines an at least partially narrowed portion of receiving opening 48 and/or receptacle 41 for partially compressing (e.g. into at least one of a crimped, tapered, cone shape, tent-like shape, dome shape, or other partially compressed shape) a top portion 25 of a pre-roll cone 20 lodged in receptacle 41 into a pre-folded state. The crimping segment 42 includes at least one of a cone shape, dome shape, or other compressive shape to engage a top portion 25 and partially compress it (Hauth [0049]; Figure 4b, 4c, 8e). While Hauth et al. does not explicitly disclose that the crimping segment comprises a wall angled at 45 degrees, it would have been obvious to one of ordinary skill in the art that the crimping segment 42 may be modified to have a cone shape where the cone is formed by a wall angled at 45 degrees, as a matter of routine optimization to achieve the desired pre-folded state of the pre-roll cone.
Claim 19. Modified Hauth et al. discloses that the upper slider 118 may be in an open position that allows one or more tubes 110 to fall through the upper slider 118, while the lower slider 120 (cover) may be in a closed position that prevents tubes 110 from falling past the lower slider 120. With actuator 122 in the angled position, the upper slider 118 may be in a valve closed position 127 that does not allow additional tubes 110 to fall through the upper slider 118, while the lower slider 120 may be in a valve open position 129 that allows tubes 110 to fall past the lower slider 120, and exit the tube loading system 100 (Chempinsky Figure 1; [0037]-[0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date that the lower slider 120 (cover) would be positioned over pre-roll cone holder assembly 70 (unloading tray/mold) of Hauth in order to prevent the cones from falling into the plurality of pre-roll cone holders 702 (apertures) when the lower slider 120 (cover) is in the closed position.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019), Chempinsky et al. (US 2022/022524), and further in view of Simpson et al. (US 2020/0015516).
Claim 12. Modified Hauth et al. discloses the method of claim 11 wherein an operator manually pushes the tube 142 onto the pre-rolled cone 800 ([0073]). Modified Hauth et al. does not explicitly disclose a pneumatic press configured to apply the second downward force to the tamping tool.
Simpson et al. discloses a filling method and process for a flower cartridge, wherein the process uses a tamping plate 200 having protrusions which are aligned with the individual holes of the filling tray 201. The press may be activated by pneumatic means to insert the tamping plate to a preconfigured depth ([0183]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tamping tool of Tuttle so that it uses a pneumatic press to apply the downward force instead of manual force by a user, to ensure that the force is applied evenly to each cone. Furthermore, providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (See MPEP § 2144.04(III)).
Claim 20. Modified Hauth et al. discloses the method of claim 11 wherein the cone may be filled with a filler such as tobacco or herbs (cannabis flower) (Hauth [0044]) but does not explicitly disclose that the first downward force and second downward force are configured to compact the cannabis flower to a density that promotes a slow and even burn.
Simpson et al. teaches the use of tamping plates with protrusions of varying depths for use with natural consumables that have wide ranges of density, viscosity, or stickiness. The present invention contemplates a different mass or volume of consumables per cartridge, by varying the physical dimensions of the first or second tube, method of crimping, tamping pressure, or tamping depth. The variations described are aimed at creating a porous plug within the cartridge of a predetermined density and volume to deliver a precise amount of active ingredients and a predictable, high quality user experience ([0183]-[0184]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the tamping pressure is adjusted, as a matter of routine optimization, such that the cone is filled to a predetermined density that provides a “high quality user experience” as taught by Simpson et al. One of ordinary skill in the art would recognize a “slow and even burn” as characteristic of a “high quality user experience”.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019), Chempinsky et al. (US 2022/022524), and further in view of Kustal et al. (US 2021/0392944).
Claim 14. Modified Hauth et al. discloses the method of claim 11 but does not explicitly disclose a step of inspecting the sealed preroll cones for defect.
Kustal et al. discloses a pre-roll fill and twist method and system wherein the twisting/unloading assembly 280 can include a visual inspection device to determine if the cone 202 has any penetration defects (e.g., filler material penetrating the exterior of the cone). For example, in some embodiments, the visual inspection device can include a camera or other imager, a light source, a processor, image processing software, and/or an output device and can perform image analysis of the exterior of the cone 202 to determine if the cone 202 has any penetration defects. If the visual inspection device determines that the cone has no penetration defects (e.g., by receiving such an indication from the visual inspection device), the electronic control unit 205 can cause the gripper subassembly 292 to align the cone 202 with the chute 297 and release the cone 202 down the chute 297. If the visual inspection device determines that the cone 202 has penetration defects (e.g., by receiving such an indication from the visual inspection device), the electronic control unit 205 can cause the gripper subassembly 292 to align the cone 202 with the receptacle and release the cone 202 into the receptacle 298 for disposal ([0080]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include a step of inspecting the cones for penetration defects as taught by Kustal et al. for quality control purposes and to discard any pre-roll cones with defects.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hauth et al. (US 2022/0104535) in view of Tuttle (US 2022/0175019), Chempinsky et al. (US 2022/022524), and further in view of Kastner (US 3693630)
Claim 17. Modified Hauth et al. discloses the method of claim 11 wherein the plurality of tubes 142 (tamping tool) may preferably be made of plastic, such as Nylon, or any other material such as wood, metal, aluminum, or the like, suitable to the purpose of being sufficiently rigid to be used to push and compress the filled pre-rolled cones out of the plate and through the tapered hole (Tuttle [0065]-[0066]; Figures 2a and 4-7) but does not explicitly disclose that the plastic is polytetrafluoroethylene.
Kastner discloses a cigarette making machine comprising tobacco compacting member 24, which may be coated on their tobacco contacting surfaces with a non-gumming substance such as TEFLON (a registered trade mark of E. I. duPont) to prevent gumming of these surfaces by the resins and tar in the tobacco (Column 2, lines 48-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the plurality of tubes 142 (tamping tool) may be made out of or coated with Teflon (PTFE) to prevent gumming of the surface as taught by Kastner.
Conclusion
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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