DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Banks (US 2020/0397039).
Regarding claims 1-2, Banks teaches a band for a filter for a heated tobacco product [0080], the band comprising: cellulose acetate fibers that are crimped [0028, 0030]; and water content of 8% or less [0049]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05.
Regarding claim 3, Banks teaches the band comprises acetone [0049].
Regarding claim 4, Banks teaches a denier per fiber of the cellulose acetate fibers is in a range of 6 to 12 [0028]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05.
Regarding claim 5, Banks teaches a degree of substitution of the cellulose acetate fibers is in a range from 2.0 to 2.6 [0018].
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Banks as applied to claim 1 above, and further in view of Kern (US 2005/0161358).
Banks teaches the band described in claim 1 is layered in a zig zag pattern [0050], which is interpreted as formed in a sheet shape. Banks teaches the band is placed in a container to form a bale [0051], i.e. a band packaged article comprising the band. Banks does not teach the claimed wrapping material. Kern teaches a filter tow bale wherein a wrapping material has a water vapor permeability in a range of less than 2 g/m2/day which offers the advantage that the product moisture content of the filter tow remains preserved by such a packaging [0044]. It would have been obvious to one of ordinary skill in the art to use with wrapping material for the band packaged article of Banks, wherein the wrapping material is arranged to wrap the entire outer surface of the band, for the reasons above suggested by Kern.
Conclusion
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/ERIC YAARY/Examiner, Art Unit 1755
