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 1-12 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is 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.
Claim 12 is indefinite for reciting the “use of a conveying member in an apparatus for feeding and forming organized groups of smoking articles” because it “merely recites a use without any active, positive steps delimiting how this use is actually practiced.” See MPEP 2173.05(q). The specification appears to suggest the invention is a “conveying member facilitating the conveying of smoking article towards conveying channels (Pg. 1, Lines 21-25)”. Therefore, for purposes of examining, the claim will be interpreted as “a conveying member in an apparatus for feeding and forming organized groups of smoking articles”.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim recites the “use” of a conveying member in an apparatus for feeding and forming organizing groups of smoking articles which is not directed to a process, machine, manufacture, or composition of matter. In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961)("one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101").
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.
Claims 1, 2, 3, 6, 7, 9, 10, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lauenstein (DE 69205797 T2, as cited in IDS dated 02/15/2024 and hereinafter citations referring to English Machine Translation), and further in view of Pope (“Morse Tapers”).
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With regard to Claim 1, Lauenstein, directed to a dispensing funnel for cigarettes, teaches (i) a funnel (Fig. 1: #1) configured to contain cigarettes (Fig. 1: #13, [0014]). (ii) The apparatus comprises distribution channels (Fig. 1: #15) disposed at the bottom of the funnel (Fig. 1: #1, [0014]). (iii) The distribution channels (Fig. 1: #15) communicate with an alignment device (Fig. 2: #2, [0014]), wherein the alignment device (Fig. 2: #2) comprises a support, attached to elongated alignment rods (Fig. 2: #20, [0018]), meeting the claim limitation of two or more conveying members, of the alignment device [0015-0016]. The alignment rods (Fig. 1: #20) are parallel to each other, as shown in Figure 1, and configured to facilitate the movement of the cigarettes (Fig. 1: #13) down towards the distribution lines (Fig. 1: #15) from the funnel (Fig. 1: #1).
(iv) The alignment rods each comprise a rear attachment portion (Fig. 2: #20B) which is attached to a drive shaft (Fig. 2: #22) rotatably supported by the support (Fig. 2: #17, [0016]) and a front attachment portion (Fig 2: #20A) coupled to the rear attachment portion (Fig. 2: #20B, [0020]). Lauenstein teaches wherein the front and read attachment portions (Fig. 2: #20A & #20B) are two parts of an alignment rod (Fig. 2: #20), wherein the alignment rods are driven in an alternating rotational motion [0018], thus it would be obvious to one of ordinary skill in the art that the attachment portions rotate together to guide the cigarettes. (v) The rear attachment portion (Fig. 2: #20B) comprises one end (Fig. 2: "B") coupled with a second end (Fig. 2: "A") of the front attachment portion (Fig. 2: #20A). Lauenstein teaches all the limitations of the claims as set forth above, however Lauenstein is silent to:
The first and second coupling ends being configured to produce a stable, mechanical type coupling between them, without the aid of auxiliary attachment means
Pope, directed to morse tapers, teaches wherein morse tapers are self-holding, designed to hold in a socket by friction alone (Pg. 1, Para. 3). One of ordinary skill in the art would have found it obvious to apply this self-holding logic to the attachment portions of the alignment bars of Lauenstein to allow the portions to be held in the right position, yet be easily removable (Pg. 1, Para. 3).
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 first and second coupling ends of Lauenstein to be configured to produce a stable, mechanical type coupling between them, without the aid of auxiliary attachment means because both Lauenstein and Pope are directed to maintaining secure engagements within an apparatus during operation. Pope teaches a self-holding connection technique to accurately hold a tool in the right position, yet be easily removable (Pg. 1, Para. 3) and this merely involves a self-holding teaching in the prior art that would have led one of ordinary skill to modify the prior art reference to arrive at the claimed invention.
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With regard to Claim 2, Lauenstein teaches wherein the rear attachment portion (Fig. 2: #20A) is coupled to the front attachment portion (Fig. 2: #20B). Both portions (Fig. 2: #20A & #20B) rotate together as the alignment rod (Fig. 2: #20) is driven by the shaft [0016,0018], meeting the claim limitation of integral rotation of the first and second elements along the longitudinal axis.
With regard to Claim 3, Lauenstein teaches wherein the alignment rod (Fig. 2: #20) is formed by two coupled attachment portions (Fig. 2: #20A & #20B) that taper in the form of truncated cones [0020]. Modified Lauenstein teaches all the limitations of the claims as set forth above however modified Lauenstein is silent to:
Wherein said mechanical coupling is of the morse cone type
Pope teaches configuring mating components as a morse taper, as self-holding technique to allow the components to be designed to hold in a socket by friction alone (Pg. 1, Para. 3). One of ordinary skill in the art would have found it obvious to apply this self-holding logic to the attachment portions of the alignment bars of Lauenstein to allow the portions to be held in the right position, yet be easily removable (Pg. 1, Para. 3).
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 mechanical coupling of Lauenstein to wherein said mechanical coupling is of the morse cone type because both Lauenstein and Pope are directed to maintaining secure engagements within an apparatus during operation. Pope teaches a morse taper to provide a self-holding connection technique to accurately hold a tool in the right position, yet be easily removable (Pg. 1, Para. 2) and this merely involves applying a known coupling technique to mated components ready for improvement to yield predictable results.
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With regard to Claim 6, Lauenstein teaches wherein the rear attachment portion (Fig. 4A: #20) comprises an axial fine bore [0020] and the front attachment portion (Fig. 4A: #20A) comprises a projecting end that inserts into the bore of the rear attachment portion (Fig. 4A: #20), as shown in Figure 4A.
With regard to Claim 7, Lauenstein teaches wherein the rear attachment portion (Fig. 4A: #20) comprises an axial fine bore [0020]. One of ordinary skill in the art would understand that a bore has an opening through which something enters, meeting the claim limitation of an inlet mouth for entry into the seating. Modified Lauenstein teaches all the limitations of the claims as set forth above, however modified Lauenstein is silent to:
The inlet mouth cross-section different from that of said seating and configured to produce a same-shape coupling with said second element
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Figure 5 of Pope teaches a seating (Fig. 5: "S") having a larger body than the interior of the seating meant to receive the tapered component. Pope further teaches that the tapered socket is configured to receive tapered member and maintain engagement by friction (Pg. 1, Para 3), wherein both the components are conically shaped (Fig. 5). One of ordinary skill in the art would have been motivated to apply the size relationship of Pope to modified Lauenstein to securely retain the components by friction alone and prevent the taper from falling out of the socket (Pg. 1, Para. 3).
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 inlet mouth of Lauenstein to comprise a cross-section different from that of said seating and configured to produce a same-shape coupling with said second element because both Lauenstein and Pope are directed to maintaining secure engagements within an apparatus during operation. Pope teaches a morse taper to provide a self-holding connection technique to securely retain the components by friction alone and prevent the taper from falling out of the socket (Pg. 1, Para. 3) and this merely involves applying a known sizing technique to mated components ready for improvement to yield predictable results.
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With regard to Claim 9, Lauenstein teaches wherein (i) the funnel (Fig. 1: #1) comprises a rear wall (Fig. 1: #12) comprising a plurality of openings (Fig. 1: #12A, [0018]). (ii) Each alignment rod (Fig. 1: #20) extends through its own opening (Fig. 1: #12A) coaxially [0018, 0023]. (iii) The alignment rods (Fig. 1: #20), comprising the rear mounting portions (Fig. 2: #20B), extend coaxially with the openings (Fig. 1: #12A, [0018]). The rear mounting portion (Fig. 2: #20B) is attached to a drive shaft (Fig .2: #22) that is rotatable in a support element (Fig. 2: #17), whereby the alignment rod rotates while extending through a respective opening (Fig. 1: #12a, [0016]). (iv) The front attachment portion (Fig. 12: #20A), part of the alignment bars (Fig. 1: #20) is extended into the funnel (Fig. 1: #1, [0018]).
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With regard to Claim 10, Lauenstein, directed to a dispensing funnel for cigarettes, teaches (i) an apparatus for use in cigarette manufacturing [0024]. (ii) The apparatus comprises a funnel (Fig. 1: #1) configured to contain cigarettes (Fig. 1: #13, [0014]). (iii) The apparatus comprises distribution channels (Fig. 1: #15) disposed at the bottom of the funnel (Fig. 1: #1, [0014]). (iv) The distribution channels (Fig. 1: #15) communicate with an alignment device (Fig. 2: #2, [0014]), wherein the alignment device (Fig. 2: #2) comprises a support, attached to elongated alignment rods (Fig. 2: #20, [0018]), meeting the claim limitation of two or more conveying members, of the alignment device [0015-0016]. The alignment rods (Fig. 1: #20) are parallel to each other, as shown in Figure 1, and configured to facilitate the movement of the cigarettes (Fig. 1: #13) down towards the distribution lines (Fig. 1: #15) from the funnel (Fig. 1: #1).
(v) Within the manufacturing process, the alignment rods each comprise a rear attachment portion (Fig. 2: #20B) which is attached to a drive shaft (Fig. 2: #22) and rotatably supported by the support (Fig. 2: #17, [0016]) and a front attachment portion (Fig 2: #20A) coupled to the rear attachment portion (Fig. 2: #20B, [0020]). Lauenstein teaches wherein the front and read attachment portions (Fig. 2: #20A & #20B) are two parts of an alignment rod (Fig. 2: #20), wherein the alignment rods are driven in an alternating rotational motion [0018], thus it would be obvious to one of ordinary skill in the art that the attachment portions rotate together to guide the cigarettes. (vi) The rear attachment portion (Fig. 2: #20B) comprises one end (Fig. 2: "B") coupled with a second end (Fig. 2: "A") of the front attachment portion (Fig. 2: #20A). Lauenstein teaches all the limitations of the claims as set forth above, however Lauenstein is silent to:
The first and second coupling ends being configured to produce a stable, mechanical type coupling between them, without the aid of auxiliary attachment means
Pope, directed to morse tapers, teaches wherein morse tapers are self-holding, designed to hold in a socket by friction alone (Pg. 1, Para. 3). One of ordinary skill in the art would have found it obvious to apply this self-holding logic to the attachment portions of the alignment bars of Lauenstein to allow the portions to be held in the right position, yet be easily removable (Pg. 1, Para. 3).
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 first and second coupling ends of Lauenstein to be configured to produce a stable, mechanical type coupling between them, without the aid of auxiliary attachment means because both Lauenstein and Pope are directed to maintaining secure engagements within an apparatus during operation. Pope teaches a self-holding connection technique to accurately hold a tool in the right position, yet be easily removable (Pg. 1, Para. 2) and this merely involves a self-holding teaching in the prior art that would have led one of ordinary skill to modify the prior art reference to arrive at the claimed invention.
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With regard to Claim 11, Lauenstein teaches a rear attachment portion (Fig. 2: #20B) which is attached to a drive shaft (Fig. 2: #22) and rotatably supported by the support (Fig. 2: #17, [0016]). Modified Lauenstein teaches all the limitations of the claims as set forth above, however modified Lauenstein is silent to:
A third step in which said second element is extracted from said first element
Pope teaches a self-holding morse taper coupling that is designed to securely join mating member while allowing selective separation (Pg. 1, Para. 2). One of ordinary skill in the art would have found it obvious to apply the separation feature of Pope to the first and second elements of modified Lauenstein to provide ease when replacing tools without disturbing the overall mechanism (Pg. 1, Para. 2).
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 method of Lauenstein to comprise a third step in which said second element is extracted from said first element because both Lauenstein and Pope are directed to maintaining secure engagements within an apparatus during operation. Pope teaches a self-holding connection technique that can be separated to provide ease when replacing tools without disturbing the overall mechanism (Pg. 1, Para. 2) and this merely involves the use of a known separation technique to improve similar coupling mechanisms in the same way.
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With regard to Claim 12, Lauenstein teaches wherein (i) the alignment rods each comprise a rear attachment portion (Fig. 2: #20B) which is attached to a drive shaft (Fig. 2: #22) rotatably supported by the support (Fig. 2: #17, [0016]) and a front attachment portion (Fig 2: #20A) coupled to the rear attachment portion (Fig. 2: #20B, [0020]).
(ii) Lauenstein further teaches wherein the front and read attachment portions (Fig. 2: #20A & #20B) are two parts of an alignment rod (Fig. 2: #20), wherein the alignment rods are driven in an alternating rotational motion [0018], thus it would be obvious to one of ordinary skill in the art that the attachment portions rotate together to guide the cigarettes. (iii) The alignment rods (Fig. 1: #20) interact with the cigarettes (Fig. 1: #13) to facilitate their movement through the funnel towards the distribution channels (Fig. 1: #15, [0015 & 0018]).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lauenstein (DE 69205797 T2, as cited in IDS dated 02/15/2024 and hereinafter citations referring to English Machine Translation) and Pope (“Morse Tapers”), as applied to claim 1 above, and further in view of Spatafora (US 20060237336 A1).
With regard to Claim 4, modified Lauenstein teaches all the limitations of the claims as set forth above, however modified Lauenstein is silent to:
Wherein said first and second coupling ends are configured to produce a magnetic coupling between then
Spatafora, directed to a method and device for controlled filling of tobacco articles, teaches wherein an end of a lead in member may be fixed to a wall by a magnetic coupling [0029] allowing the two components to be secured while remaining detachable [0029].
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 first and second coupling ends of modified Lauenstein to wherein said first and second coupling ends are configured to produce a magnetic coupling between then because both Lauenstein and Spatafora are directed to an apparatus for packaging smoking articles. Spatafora teaches a magnetic coupling between two components to allow the two components to be secured while remaining detachable [0029] and this merely involves applying a known coupling technique to a known apparatus ready for improvement to yield predictable results.
With regard to Claim 5, modified Lauenstein teaches all the limitations of the claims as set forth above, however modified Lauenstein is silent to:
Wherein said first coupling end comprises a magnetic member and said coupling end is made of magnetic or ferromagnetic material
Spatafora, directed to a method and device for controlled filling of tobacco articles, teaches wherein an end of a lead in member may be fixed to a wall by a magnetic coupling [0029]. An electromagnet is located on the wall and activated to magnetically attract an end of the lead in member, allowing the two components to be secured while remaining detachable [0029]. One of ordinary skill in the art would understand that for the electromagnet to be magnetically attracted to an end of the lead in member, it must be made of magnetic or ferromagnetic material.
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 first and second coupling ends of modified Lauenstein to wherein said first coupling end comprises a magnetic member and said coupling end is made of magnetic or ferromagnetic material because both Lauenstein and Spatafora are directed to an apparatus for packaging smoking articles. Spatafora teaches a magnetic coupling between two components to allow the two components to be secured while remaining detachable [0029] and this merely involves applying a known coupling technique to a known apparatus ready for improvement to yield predictable results.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lauenstein (DE 69205797 T2, as cited in IDS dated 02/15/2024 and hereinafter citations referring to English Machine Translation) and Pope (“Morse Tapers”), as applied to claim 1 above, and further in view of Babbitt (US 5146666 A).
With regard to Claim 8, Lauenstein teaches wherein the rear attachment portion (Fig. 2: #20B) and the end (Fig. 2: "B") both have a cylindrical shape [0020]. Modified Lauenstein teaches all the limitations of the claims as set forth above, however modified Lauenstein is silent to:
Wherein the first coupling end has an external diameter greater than the remaining part of said first element
Between said first coupling end and the remaining part of the said first element, there is an abutment surface which is transverse with respect to said longitudinal axis
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Babbitt, directed to a method and apparatus for inserting a cup into the end of a tube, teaches (i) a mandrel (Fig. 4: #400) comprising a hollow cylinder whose internal and external diameters both decrease in steps along to the length of the mandrel, starting with a wide end (Fig. 4: #440), relating to the first coupling end of the claimed invention, and ending with a narrow end (Fig. 4: #430, Col. 6, Lines 6-11). (ii) The external diameter of the mandrel (Fig. 4: #400) decreases in steps. One of ordinary skill in the art would understand that a stepped reduction creates a shoulder transverse to the longitudinal axis. One of ordinary skill in the art would have been motivated to modify Lauenstein's modified first element to include the stepped technique taught by Babbitt to provide a secured friction connection (Col. 6, Lines 22-27).
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 first element of modified Lauenstein to wherein the first coupling end has an external diameter greater than the remaining part of said first element, and in that between said first coupling end and the remaining part of the said first element, there is an abutment surface which is transverse with respect to said longitudinal axis because both Lauenstein and Babbitt are directed to coupling elongate members withing cooperating receiving structures. Babbitt teaches a mandrel which decreases in steps along a length of the mandrel to provide a secured friction connection (Col. 6, Lines 22-27) and this merely involves applying a known sizing technique to a known coupling component 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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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