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
In the Amended Claims of 5/26/2026, Claims 32-36, 38-41, 43-45, 47-50 are pending. Claims 32, 35, 36, 40, 45, 49 and 50 are amended.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 32-36, 38-41, 43-45, 47-50 are rejected under 35 U.S.C. 103 as being unpatentable over Garner (US 5762074) in view of Chamami (US 2006/0243610).
Regarding Claim 36, Garner discloses a container (20) for tobacco sheet comprising a container pre-filled with cigarette paper comprising a first compartment, a plurality of cigarette papers arranged as a stack of individual sheets (18), a cover configured to open and close a top opening of the container, and a slot configured to facilitate access to an outer edge of the stack, wherein the container and cover are configured so that a user can engage the outer edge of the stack through the cut-out opposite the tear adhesive (22) and push an engaged edge upward through the top opening to remove a sheet from the stack as shown in the annotated reproduction of Figure 2 below.
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Garner does not disclose a second compartment for storing filters with a divider having a slot.
Chamami discloses a similar container with a plurality of compartments (62) for storing cigarette filters. Chamami further discloses a divider with a slot as a partial wall as shown below in the annotated reproduction of Chamami Figure 5. Garner and Chamami are analogous inventions in the art of storage containers for cigarette papers.
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It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the single-compartment container for storing a plurality of cigarette papers arranged in a stack as seen in Garner with the additional compartment for storing filters as disclosed in Chamami in order to hold both cigarette papers and filters in a way that protects them both from damage or being lost (Paragraph 0002). Furthermore, a person having ordinary skill in the art would recognize and find obvious that the partial wall divider or slot of Chamami would similarly operate to facilitate access to an outer edge of the stack as shown in Garner.
Regarding Claim 38, Chamami discloses the second compartment is configured to store filters, tips, or both.
Regarding Claim 40, Chamami discloses multiple dividers with slots that are configured to facilitate access between the compartments.
Regarding Claim 41, the additional compartments of Chamami may be configured to store filters, tips, or both.
Regarding Claim 43, the middle compartment of Chamami may be considered to be a divider between the two end compartments.
Regarding Claim 44, the middle compartment of Chamami includes an openable cover.
Regarding Claim 45, as discussed above, Garner discloses a container pre-filled with cigarette paper for sale with a cover configured to open and close a top opening of the container. Garner discloses a cutout on the side of the compartment holding the cigarette papers and a plurality of cigarette papers arranged as a stack of individual sheets such that an outer edge of the stack is accessible through the cutout while the papers remain in the container. The first container is positioned on a side wall of the compartment to permit a user to access an outer edge of the stack through the cut-out. With the cover open, a user can engage the outer edge of the stack through the cut-out and push the engaged edge upward to remove a sheet from the stack without removing the stack from the compartment.
While Garner does not disclose a second compartment with a second cut-out, Chamami discloses a kit for rolling cigarettes comprising a container comprising a first compartment and a second compartment (in Figures 1 and 2 wherein the compartments are separated by a divider 60) with a first cutout (52) on a wall of the first compartment and a second cutout (52) on a wall of the second compartment. The first cutout is configured for removing one or more items from said first compartment, and wherein said second cutout is configured for removing one or more items contained within said second compartment. A person having ordinary skill in the art before the effective filing date of the claimed invention would recognize and find obvious that the single compartment with an outer wall cutout may be modified to a dual-compartment container as disclosed in Chamami in order to hold both cigarette papers and filters.
Regarding Claim 47, Chamami discloses the second compartment is configured to store filters, tips, or both.
Regarding Claim 48, Chamami discloses a latch (42, 44) configured to hold a cover of the container closed.
Regarding Claim 49, Chamami discloses the wall of the second compartment is an inner wall. Chamami also discloses the partition wall may be a partial wall.
Regarding Claim 50, Chamami discloses the wall of the first compartment is an outer wall as the cutout extends though the outermost wall of the kit.
Regarding Claim 32-35, a person having ordinary skill in the art would recognize and find obvious a method of preparing a cigarette with the kit disclosed in Modified Garner in view of Chamami including accessing the cigarette paper and removing the paper and filters and latching closed the cover with fingers.
Response to Arguments
Applicant’s arguments with respect to claims 32-51 have been considered but are moot because the new ground of rejection does not rely on the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In particular, the Remarks and Arguments of May 26, 2026 discuss that the prior cited references do not disclose a plurality of cigarette papers arranged in a stack of individual sheets and a cutout positioned to permit access to an outer edge of such a stack through a sidewall. This limitation is now provided by Garner (US 5762074).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please note the cut-out in the divider wall of Miller (US 2023/0286691) Figure 4 and Kanbar (US 2018/0141714) and the combined storage of rolling papers and tips disclosed in Sutton (US 2021/0235750).
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 GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando 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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/GIDEON R WEINERTH/Primary Examiner, Art Unit 3736
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