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 1-10 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 9 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 the applicant regards as the invention.
Claim 9 recites the limitation “the first unfolded position or the second folded or closed position” in line 5. There is insufficient antecedent basis for this limitation in the claim. There is no “the first unfolded position or the second folded or closed position” defined in claim 7 in which claim 9 depends from. It is in claim 8 that introduces “a first unfolded position and a second folded or closed position” as claimed in the application.
For the purposes of examination, “the first unfolded position or the second folded or closed position” is being interpreted as a first unfolded position or a second folded or closed position.
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, and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 20220175018 A1) in view of Dueweke (US 20190150500 A1).
Regarding claim 1, Tuttle directed to apparatus and method adapted for making and extruding cigarettes (Abstract), discloses a cigarette rolling rack (a cigarette manufacturing apparatus and related methods a pre-rolled cone filling, packing, finishing and extruding cigarettes, such as marijuana cigarettes, onto a catcher, such as, a tabletop; [0015], [0076], Fig. 1A).
Tuttle further discloses an apparatus portion 100 (i.e., cigarette rolling rack) comprising a working plate (a plate 110 having a working surface 111 [0038], [0078], Figs, 1A-1C) and a rim potion 112 ([0028], [0038], [0078], Figs, 1A-1C). The plate is attached to a base, the base is adapted for holding the plate sufficiently spaced from a catcher ([0020], [0038], [0080]) the base comprises a plurality of legs ([0016], [0021], [0080], Fig. 9). The base with its plurality of legs corresponds to the claimed bottom portion of the working plate with supporting legs. Tuttle further discloses that legs 220 (i.e., supporting legs) are attached to a working plate 210 by screws 222 (Fig. 9, [0103]).
Tuttle doesn’t explicitly disclose a plurality of positioning sleeves in communication with the bottom portion of the working plate.
Dueweke directed to systems for filling receptacles with loose materials to form pre-rolled tobacco or herbal cigarettes ([0002]), discloses a tray assembly comprising a plurality of supports, plurality of holes and a handle ([0005] – [0013]).Furthermore, a system 100 includes a tray assembly 108 removably couples to a cradle 102 and carries paper tubes ([0036]); the tray assembly 108 has a smooth upper surface 110 and multiple holes 112 that extend through the tray assembly, the tray assembly 108 has a raised perimeter lip 114 that facilitates containing loose material within the borders of the raised perimeter lip 114 ([0037]). The tray assembly is the claimed working plate of claim 1.
Dueweke further demonstrated an embodiment of tray assembly 124/126 with multiple holes 234 ([0040], [0049], Figs. 2, 7-8) sized and dimensioned to hold support cones 236 and funnels 238, the cones/funnels are separable from the trays 124/126 ([0040], [0053]). In some embodiments Dueweke treats the separable support cones 236 as funnels 238, they are used interchangeably having the same function thereby enabling a user to select different shapes or sizes of support cones & funnels to control sizes and weights of cigarettes filled by the system 100 ([0040]). In this case, the support cones 236 and funnels 238 are the claimed positioning sleeves of claim 1.
Dueweke further discloses that a plurality of supports extend from the working plate ([0005]), supports removably hang from the holes in the tray assembly ([0010], Fig.8) disclosing that the positioning sleeves are in communication with the bottom portion of the working plate.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Tuttle by providing a plurality of positioning sleeves that are in communication with the bottom portion of the working plate as taught by Dueweke, because both Tuttle and Dueweke are directed to systems for making pre-rolled tobacco utilizing a working plate, Dueweke teaches positioning sleeves that extend through the bottom of a working plate in order to hold paper tubes that hold smokable materials, and this involves applying a known teaching to a similar apparatus to yield predictable results.
Regarding claim 3, modified Tuttle discloses positioning sleeves detachably connected to the working plate to enable a user to select positioning sleeves of different shapes or sizes to control sizes and weights of cigarettes filled by the system (Dueweke [0040]).
Regarding claim 4, modified Tuttle discloses mounting holes (tapered holes; [0028]) formed in the working plate.
Tuttle doesn’t explicitly disclose limiting steps are formed on inner walls of the mounting holes; an annular boss is formed on an outer ring of an upper end of each of the positioning sleeves, the positioning sleeves are inserted into the mounting holes from top to bottom, and the annular bosses thereof are received into the mounting holes and are limited by and abutted to the limiting steps.
Dueweke discloses that lower tray 126 has an upper surface 232 that has multiple holes 234 (Figs. 7-8, [0040]), [0049]. Holes 234 are the claimed mounting holes that are formed on the surface of lower tray 126 (i.e., working plate).
Dueweke discloses limiting steps (hole 234a is countersink hole, and hole 234b is a counterbore hole; [0049], Figs. 7-8) are formed on inner walls of the mounting holes.
Dueweke further discloses an annular boss is formed on an outer ring of an upper end of each of the positioning sleeves (support cones 236a, 236b preferably have outer shapes that correspond to the shapes of the holes 234a, 234b; [0049], Fig. 8). The top edge of the positioning sleeves resting below the surface of the working plate and in holes 234a, 234 have outer shapes that correspond to the matching portions of the holes 234a, 234b as illustrated in FIG. 8. A cone whose outer shape corresponds to a stepped counterbore/countersink hole necessarily seats its annular boss against that internal limiting step when inserted, thus the annular bosses are received into the mounting holes and are limited by and abutted to the limiting steps.
Dueweke demonstrates a procedure; a user prepares a tray assembly 108 by placing the selected positioning sleeves in holes 234 (mounting holes in lower tray), before placing paper tubes in the positioning sleeves and placing the upper tray 124 on the lower tray 126 with the mounting holes aligned to secure the positioning sleeves ([0056]). This discloses that the positioning sleeves are inserted into the mounting holes from top to bottom prior to the assembly closing over them.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Tuttle by providing a mechanical assembly of the positioning sleeves into the mounting holes using an annular boss received into the mounting holes and are limited by and abutted to the limiting steps as taught by Dueweke, additionally modifying the structure of Tuttle’s mounting holes to be able to receive the positioning sleeves from top to bottom as taught by Dueweke, because both Tuttle and Dueweke are directed to systems for making pre-rolled cigarette utilizing a working plate with mounting holes, Dueweke teaches a mechanical assembly of positioning sleeves into mounting holes so that the positioning sleeves are secured to the tray assembly, and this involves applying a known teaching to a similar apparatus to yield predictable results.
Regarding claim 5, modified Tuttle discloses the working plate is provided with a plurality of mounting holes configured to receive plurality of positioning sleeves.
However, Tuttle doesn’t explicitly disclose that the working plate is provided with storage holes configured to receive one or more of the pluralities of positioning sleeves.
According to the instant specification “the working plate 1 is further provided with a plurality of storage holes 14 for placing the positioning sleeves 3, the storage holes 14 have different sizes so as to adapt to and receive the positioning sleeves 3 with different sizes, and the positioning sleeves 3 that are not used can be inserted into the insertion holes so as to be stored for later use” (page 6, line 20-21 – page 7, line 1-2).
Dueweke discloses differently sized holes (234a/234b) to receive interchangeable support cones and funnels (i.e., positioning sleeves) of correspondingly different sizes ([0040], [0049]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Tuttle by providing a plurality of differently sized holes configured to receive a plurality of positioning sleeves as taught by Dueweke, because both Tuttle and Dueweke are directed to systems for making pre-rolled tobacco utilizing a working plate with mounting holes, Dueweke teaches differently sized positioning sleeves provided for a user to select different shapes or sizes to control sizes and weights of cigarette filler material and these differently sized sleeves are accommodated by differently sized holes, and this involves applying a known teaching to a similar apparatus to yield predictable results.
Furthermore, to the extent claim 5 requires holes additional to the claimed mounting holes, it would be obvious to one having ordinary skill in the art , to have modified the working plate of modified Tuttle by adding extra holes as storage holes serving the same receiving function, because such modification would have involved merely a duplication in number and sizing of an already disclosed element to accommodate a desired range of sleeve sizes. Duplication of parts is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 (V).
Regarding claim 6, modified Tuttle doesn’t explicitly disclose the positioning sleeves having conical structures with larger upper parts and smaller lower parts.
Dueweke discloses the dimension of the positioning sleeves having larger upper parts and smaller lower parts (the funnels 238 have a top end portion with an outer diameter of greater or equal to 0.6 inches, and a bottom end portion with an outer diameter of 0.2-0.4 inches [0053]). Figure 9 also illustrates the conical shape of funnel 238 (i.e., positioning sleeves).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Tuttle by making the positioning sleeves to have a conical structures with larger upper parts and smaller lower parts as taught by Dueweke, because both Tuttle and Dueweke are directed to systems for making pre-rolled cigarette utilizing a working plate with mounting holes, Dueweke teaches differently sized positioning sleeves provided for a user to select different shapes or sizes to control sizes and weights of cigarette filler material and these differently sized sleeves are accommodated by differently sized holes, and this involves applying a known teaching to a similar apparatus to yield predictable results.
Regarding claim 7, modified Tuttle discloses a plurality of positioning sleeves detachable positioned into multiple mounting holes of the working plate (Dueweke [0040], Fig. 2).
Neither Tuttle nor Dueweke disclose only two positioning sleeves are provided and are respectively disposed on two ends of the working plate.
However, the number and pattern of the mounting holes on a working plate is a matter of design choice dependent on desired production scale as taught by Tuttle ([0007]).
Furthermore, reducing the number of positioning sleeves and corresponding mounting holes to two is a routine simplification that yields predictably a smaller and portable device while still permitting simultaneous production of more than one cigarette.
Furthermore, according to MPEP 2144.04 (V), mere duplication of parts has no patentable significance unless a new and unexpected result is produced. If adding more identical elements having the same function as obvious absent showing of unexpected results, then removing some of those same elements to leave only two is equally a matter of routine engineering choice, absent any showing that providing only two yields an unexpected result.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle in view of Dueweke as applied to claim 1 above, and further in view of Cravens (US20150241103 A1).
Regarding claim 2, modified Tuttle discloses a rim portion 112 is formed in an upper end surface of the plate’s working surface 111 (Figs. 1A), the rim potion provides a structure to contain the filling material within the working surface ([0031]). Furthermore, when filling materials 810, such as marijuana, is poured onto the working surface 111 as illustrated in Figs. 1A, the rim 112 prevents the filling material 810 from spilling off the plate 110 while the plate 110 is tilted and shaken sideways so the filling material 810 enters the tapered holes 113 ([0081]). The rim portion formed in an upper end surface of the working plate creates a cavity structure that holds material above the working plate.
While modified Tuttle teaches a working plate that has a rim constructed on an upper end surface of its working plate that has a similar function (containing loose material on a surface), it doesn’t explicitly teach (I) a downward sunken cavity formed in an upper end surface of the working plate ( the working plate itself being recessed below the plane of the surrounding plate; (II) the positioning sleeves communicate with a bottom of the cavity.
Regarding (I), Cravens directed to a clad metal ice forming tray assembly (Abstract), discloses a clad metal ice forming tray comprising a clad metal having an alloy sheet; an ice recess stamped in the clad bi-metal, defined along its bottom by a bottom surface and its sides by at least one wall extending upwardly from the bottom surface ([0004]). Furthermore, the ice-forming tray 50 includes body portion 52 and ice-forming recesses 54 that are formed from a single piece of clad metal that has two different alloy sheets of similar thickness joined together ([0013], Figs. 3-4). Cravens explicitly disclose a sunken cavity (recess 54; Figs, 3-4) formed in an upper end surface of tray 50 as shown in figure 3.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Tuttle by providing a working plate with a downward sunken cavity as taught by Cravens, because both Tuttle and Cravens are directed to apparatus utilizing a working plate/tray, Cravens teaches that it is known to create a downward sunken cavity of a flat metal sheet surface by stamping process, and this involves applying a known teaching to a similar apparatus to yield predictable results.
Regarding (II), modified Tuttle discloses the working plate defines a plurality of tapered holes communicating with its working surface, wherein the plurality of tapered holes are wider where each tapered hole communicates with the working plate ([0028]), the working plate adapted to receive and hold a plurality of pre-rolled cones into the plurality of tapered holes ([0028]).
While modified Tuttle in view of Dueweke doesn’t explicitly teach its positioning sleeves being in communication with a bottom of the working plate cavity, Tuttle in further view of Cravens is further modified to have a sunken cavity structure of its working plate.
Therefore, one having ordinary skill in the art before the effective filing date of the claimed invention would be motivated to incorporate modified Tuttle in view of Dueweke’s positioning sleeves into further modified Tuttle in view of Cravens cavity bottom of the working plate to arrive at the claimed structure, that is a working plate cavity’s bottom communicating with the positioning sleeves of similar apparatus thereby achieving predictable results.
Regarding claim 10, modified Tuttle doesn’t disclose the working plate is formed by punching a metal sheet.
Cravens discloses an ice tray 50 formed from a flat sheet of metal using a known stamping (punching) process ([0013], Figs. 3-4). Furthermore, Cravens teaches forming an ice recess stamped in a clad bi-metal comprising an alloy sheet, defined along its bottom by a bottom surface and its sides by at least one wall extending upwardly from the bottom surface, wherein the bottom surface and the wall comprise the clad bi-metal ([0004], Figs. 3-4).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art by applying Cravens technique of punching a metal sheet tray into further modifying Tuttle by providing a punched metal sheet as a working plate, because both Tuttle and Cravens are directed to a working tray, Cravens teaches that stamping (punching) a metal sheet tray to create a recessed surface of a flat sheet metal, and this involves a known teaching to a similar apparatus to yield predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle in view of Dueweke as applied to claim 1 above, and further in view of Marcus (US2690942 A).
Regarding claim 8, modified Tuttle discloses two supporting legs are attached to the plate (i.e., working plate) using screws, but other means of attachment known in the art, such as glue, or welding may be used (Tuttle [0080], [0104]).
Tuttle doesn’t explicitly disclose the supporting legs are hinged and configured to be in a first unfolded position to support the working plate and a second folded or closed position.
Marcus directed to a foldable tray which may be carried from place to place in folded position and may be placed upon suitable support in unfolded position (col 1, line 6-10), discloses a tray 12 (i.e., working plate or serving plate) with supporting legs 14 and 16 (Fig. 1) and functions as a table (col 1, line 11-15 and Fig. 1).
Marcus explicitly discloses the supporting legs are configured to be in a first unfolded position (Fig. 1) to support the working plate and a second folded or closed position (col. 1, line 15-47).
Marcus further discloses that the legs comprise U-shaped elements with two pad portions 24 constituting two lower corners (col 2, line 44-46). A bracket of inverted U shape 36 is secured to each end of the plate and it is on this bracket that the legs are pivotally supported by means of bolts 18 and 20 (col. 3, line 5-17 and Fig.3-4). When the supporting legs are in vertical position, a rod 40 engages to lock the supporting legs in vertical position, and when the legs are in horizontal position rod 40 engages to hold them in horizontal position (col. 3, line 12-17). This mechanism demonstrates that the supporting legs are hinged with the working plate satisfying claim 8 limitation.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify modified Tuttle’s supporting legs by incorporating hinges to the legs thereby making them foldable such as positioning them to be in a first unfolded position to support the working plate and a second folded or closed position as taught by Marcus, because both Tuttle and Marcus are directed to a tray with supporting legs that function as table, Marcus teaches a known table alternative with foldable legs addressing its portability and convenience, and this applying a known teaching to a similar product to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle in view of Dueweke as applied to claim 8 above, and further in view of Shiraishi et al. (US20140373760 A1).
Regarding claim 9, Tuttle doesn’t explicitly disclose (I) the supporting legs made of an elastic material and its two ends thereof are both inwardly bent to form connecting shafts, and two ends of the bottom of the working plate are provided with connecting seats in which hinge holes are formed, and (II) the supporting legs are U-shaped as a whole, and two positioning clamping slots capable of keeping the supporting legs in the first unfolded position or the second folded or closed position are further formed in each of the connecting seats.
Regarding (I) Shiraishi directed to a folding table (Abstract), discloses tabletop members 3 and 4 (i.e., working plate) and a plurality of leg members 5 and 6 (i.e., supporting legs) ([0027], Fig. 1). The supporting legs are made of an elastic body ([0014]). Shiraishi further discloses that both ends of the elastic leg members (elastic metal rod) are bent, forming an upper end extending portion and a lower end extending portion at the respective ends of each leg member ([0030], [0031], Fig. 3B), disclosing the claimed connecting shafts formed when the two ends of the supporting legs are both inwardly bent.
Shiraishi further discloses two guide members 14 and 16 respectively disposed on the bottom of the working plate (lower surfaces of the tabletop members 3 and 4; ([0034], Fig. 2) including through holes 13 and 15, the upper end extending portions 5c and 6c of the two leg members 5 and 6 (i.e., supporting legs) are inserted into the through holes 13 and 15 of the guide members 14 and 16, thus coupling the leg members 5 and 6 to the working plate ([0034], Figs, 2B and 3B). The trough holes 13 and 15 are the claimed hinge holes, and the guide members 14 and 16 are the claimed connecting seats provided on the two ends of the bottom of the working plate.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify modified Tuttle by providing elastic supporting legs with connecting shafts and by incorporating connecting seats at the bottom of modified Tuttle’s working plate in which hinge holes are formed as taught by Shiraishi, because both Tuttle and Shiraishi are directed to a table with supporting legs, Shiraishi teaches elastic legs that causes the legs to move away from each other with elastic force ([0013]), and further teaches connecting shafts that enable leg engagement with the bottom of the table by means of hinge holes, and this involves applying a known teaching to a known apparatus to yield predictable results.
Regarding (II), Marcus discloses that the legs are U-shaped elements with upright portions 26 (col 2, line 44-51). Bolts 18 and 20 extend through the upper ends of the upright portions 26 (Figs, 1, 2, 4). Furthermore, rods 30 may be secured to said upright positions for rigidity. Marcus further discloses two positioning clamping slots (notches; col. 1, line 30-47) are provided on the supporting legs for engagement with spring-urged rods on the working plate. Marcus discloses that these notches can keep the supporting legs in the first unfolded position or the second folded or closed position are further formed in each of the connecting seats (notches; col. 1, line 30-47). Marcus illustrated the clamping slots as notches 32 and 34 (col.3, line 1-17).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify modified Tuttle by providing u-shaped foldable supporting legs that can be assembled in first unfolded position to support the working plate and a second folded or closed position as taught by Marcus, because both Tuttle and Marcus are directed to a tray with supporting legs that function as table, Marcus teaches a known table alternative with U-shaped foldable legs addressing its portability and convenience, and this applying a known teaching to a similar product to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN G GHEBRESELASSIE whose telephone number is (571)270-0196. The examiner can normally be reached 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 5712701241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HELEN GHEBRESELASSIE/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights