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 .
Response to Amendment
The status of the claim(s) is as follows:
Claims 1 and 9-10 have been amended,
Claims 11-12 and 16 were previously presented, and
Claims 2-8, 13-15 and 17-18 were and still are withdrawn from further consideration.
Therefore, claims 1, 9-12 and 16 are currently pending.
Drawings
The drawings were received on 05/06/2026. These drawings are accepted.
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, 9-12 are rejected under 35 U.S.C. 103 as obvious over Scharre (3,333,683) in view of Stewart-Cox et al (6,000,539)
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As to claim 1, Scharre discloses packet for smoking articles (Figure 7), comprising an outer casing (36, Figure 7) comprising a main body and a lid, wherein the main body comprises: a front panel; a rear panel; a bottom panel; a first side panel; and a second side panel which cooperatively define a main compartment having an opening opposite to the bottom panel (as annotated in above Figure 7), and wherein a hinge is formed between the lid and the rear panel of the main body such that the lid is moveable between an open position (Figure 7) and a closed position (not shown); a substantially cuboidal pouch (Figure 2) comprising: a front major portion; a rear major portion; a top minor portion; a bottom minor portion; a first side portion; and a second side portion, wherein the pouch is received within the main compartment such that the pouch protrudes from the main compartment through the opening (Figure 7), wherein the pouch is completely contained within the outer casing when the lid is in the closed position, and wherein the pouch comprises a cellulose-based wrapper (the material use to make the pouch of aluminum and paper laminate 10, paper is the cellulose based material) ;and a tear tape (31) attached to the pouch and arranged to extend around (partially around) the pouch in a transverse direction with respect to the length of the pouch (as shown in Figure 1 and 2) such that the tear tape is positioned above the hinge (as shown in Figure 7, the tear strip is position above the hinge), wherein the tear tape is configured to be pulled by a user to separate a top section of the pouch from a bottom section of the pouch. However, Scharre does not disclose the top section of the pouch includes at least part of the top minor portion, the front major portion, the rear major portion, the first side portion, and the second side portion of the pouch, and wherein the bottom section of the pouch includes at least part of the bottom minor portion, the front major portion, the rear major portion, the first side portion, and the second side portion of the pouch and the ratio of a height of the top section of the pouch to a height of the pouch is between 0.15 to 0.19.
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Stewart-Cox discloses a cigarette package (Figure 5 and Figure 11), comprises an outer case comprising a main body (50) and a lid (51), a cuboidal pouch (Figures 6 and 7), comprises a front major portion (8 and 7) a rear major portion (9), a top minor portion (top portion being the portion above line 12 as shown in Figure 6), a bottom minor portion (bottom portion being the portion below line 13 as shown in Figure 6), first side portion (portion between lines 4 and 5) and a second side portion (portion between lines 2 and 3), a tear tape (16” as shown in Figure 6) attached to the pouch and arranged to extend around the pouch in a transverse direction with respective to the length of the pouch (Figures 6 and 7), the tear tape is configured to be pulled by a user to separate the top section of the pouch from the bottom section, the top section of the pouch includes at least part of the top minor portion (portion above line 12 of Figure 6), the front major portion, the rear major portion, the first side portion, and the second side portion of the pouch, and wherein the bottom section of the pouch includes at least part of the bottom minor portion, the front major portion, the rear major portion, the first side portion, and the second side portion of the pouch (Figure 6 above with the annotation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tear strip of Scharre that spaced from the top minor portion of the pouch as taught by Stewart-cox so the removed top section via tear strip would be able to cover the filter portion of the cigarette.
With regarding to the ratio of a height of the top section of the pouch to a height of the pouch is between 0.15 to 0.19. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ratio of a height of the top section of the pouch to a height of the pouch is between 0.15 to 0.19 because the selection of the specific ratio such as disclosed by Scharre as modified or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well.
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As to claims 9-12, Scharre as modified further discloses an inner frame disposed between the pouch and the outer casing, wherein the inner frame comprises a front portion arranged adjacent to the front panel of the main body, and wherein the top edge of the front portion of the inner frame is positioned below the tear tape (as annotated in Figure 7 above of the Scharre, the modification of Stewart-cox would have lower the top edge of the inner frame so that the tear tape is spaced from the top while above a top edge of the inner frame), the top edge of the front portion of the inner frame is arranged level with a bottom edge of the tear tape (as shown in Figure 7 above), the front portion of the inner frame further comprises a cut-out in its a top edge thereof, which wherein the cutout extends a distance below the bottom edge of the tear tape (as annotated in Figure 7 above) and the inner frame is a folded element further comprising a first side portion and a second side portion, wherein the first side portion and the second side portion of the inner frame are arranged adjacent to the first side panel and the second side panel of the main body respectively (as shown in Figure 7 above with annotation to the inner frame).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over by Scharre (3,333,683) in view of Stewart-Cox et al (6,000,539), further in view of Sebastian et al (9,968,129).
As to claim 16, Scharre or Scharre as modified does not specifically disclose the material of the inner frame comprises a cellulose-based material. Nevertheless, Sebastian discloses a cigarette package (102), the cigarette package comprises the first body portion (104) the second body portion (106), and the inner frame 114 may be formed from a paper material (paper or paperboard). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the inner frame of Scharre with paper material (cellulose based material) as taught by Sebastian for the ease of recycling the cigarette package.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 9-12 and 16 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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