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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dishion et al. (2023/0148654; Applicant prior art) in view of Ishimaru (CN 208994022; Applicant cited prior art).
Regarding claim 1, the Dishion et al. reference discloses a measuring station (200) comprising: a hopper (202) for receiving a smokable product; a vibratory bowl (210) for receiving the smokable product from the hopper (202); a weigh bucket scoop (214) for receiving the smokable product from the vibratory bowl (210); a weigh module (218) attached to the weigh bucket scoop (214) for measuring the smokable product in the weigh bucket scoop (214); and a feeder (222) for receiving the smokable product from the weigh bucket scoop (214) and feeding the smokable product to a puck (226), wherein the puck (226) is configured to receive a predetermined amount of smokable product within a predetermined tolerance of the predetermined amount (see paragraphs [0055]-[0059] and figures 2-5).
The Dishion et al. reference doesn’t disclose a first hopper for receiving a smokable product; and a feeder for receiving the smokable product from the first hopper. However, the Ishimaru reference discloses another measuring station (Figure 1) having a first hopper (i.e., feeding hopper (5) and feeders (6 and 7) to supply downstream hoppers (2 and 3) and weighing hopper (10). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Dishion et al. device to have a first hopper and feeder as, for example, taught by the Ishimaru reference to supply downstream hoppers and since it’s well known, conventional in the art, and would be obvious to try without unexpected results.
Regarding claim 2, the Dishion et al. reference further discloses the hopper (202) includes a V- shaped container (1002) including sides defining an angle relative to a horizon to allow the product to flow consistently. It would be a matter of design choice to make both first and second hoppers with V shape to allow the product to flow consistently, as defined above. See paragraph [0066].
Regarding claim 3, the Dishion et al. reference further discloses the angle is about 70° to about 75°. See paragraph [0066].
Regarding claim 4, the Dishion et al. reference further discloses the hopper (202) further comprises a gate (1006). See paragraph [0066] and figures 10-11.
Regarding claim 5, modified Dishion et al. discloses the invention (discussed supra), including the weigh bucket scoop (214) having a scoop (1802), wherein the scoop (1802) is configured to receive the smokable product (see paragraph [0074] and figures 18-21), but doesn’t disclose a receiving cylinder and a door, discharge end of a storage hopper being provided with an arc-shaped door. The Ishimaru reference further teaches a discharge end of a storage hopper (2) provided with an arc-shaped door (3), wherein the arc-shaped door (3) is configured to open to drop material.
Regarding claim 6, Ishimaru further teaches a three-stroke cylinder (4) is connected to the arc-shaped door (3), wherein the three-stroke cylinder (4) is configured to open the arc-shaped door (3).
Regarding claim 7, the Dishion et al. reference further discloses the feeder (222) includes a vertical channel (302) and a cone (304). See paragraph [0077] and figure 3.
Regarding claim 8, the Dishion et al. reference further discloses the vibratory bowl (210) includes a bowl (1402) and a sweep (1404) positioned within the bowl (1402). See paragraph [0070] and figure 14.
Regarding claim 9, the Dishion et al. reference further discloses the sweep (1404) rotates within the bowl (1402), wherein the vibratory bowl (210) further comprises a channel (1406) configured to receive the smokable product from the sweep (1404) and configured to feed the smokable product to the weigh bucket scoop (214). See paragraph [0070] and figure 14.
Regarding claim 10, the Dishion et al. reference further discloses the channel (1406) is sized and shaped to smoothly deliver the smokable product to the weigh bucket scoop (214) in a controlled and consistent manner. See paragraph [0070] and figures 14-16.
Regarding claim 11, see rejection of claim 1 and Dishion et al. further disclose a bowl (1402), a sweep (1404), and a channel (1406), wherein the sweep (1404) is positioned within the bowl (1402) and configured to rotate within the bowl (1402); a weigh bucket scoop (214) for receiving the smokable product from the vibratory bowl (210), the weigh bucket scoop (214) comprising a scoop (1802), wherein the scoop (1802) is configured to receive the smokable product from the channel (1406); a weigh module (218) attached to the weigh bucket scoop (214) for measuring the smokable product in the weigh bucket scoop (214); and a feeder (222) for receiving the smokable product from the weigh bucket scoop (214) and feeding the smokable product to a puck (226), wherein the puck (226) is configured to receive a predetermined amount of smokable product within a predetermined tolerance of the predetermined amount (see paragraphs [0055]-[0059] and Figures 2-5).
Further, Dishion et al. don’t disclose a receiving cylinder, a door, and discharge end of a storage hopper being provided with an arc-shaped door. The Ishimaru reference further teaches a discharge end of a storage hopper (2) provided with an arc-shaped door (3), wherein the arc-shaped door (3) is configured to open to drop material.
Regarding claims 12-14, see rejections of claims 6, 7 and 2, respectively.
Regarding claim 15, the same reasoning as in claim 11 applies to claim 15.
Regarding claim 16, Dishion et al. further disclose the vibratory bowl (210) includes a bowl (1402) and a sweep (1404) positioned within the bowl, wherein the sweep is configured to rotate within the bowl. See paragraph [0070] and Figure 14.
Regarding claim 17, Dishion et al. further disclose the vibratory bowl (210) further comprises a channel (1406) configured to receive the smokable product from the sweep (1404) and configured to feed the smokable product to the weigh bucket scoop (214). See paragraph [0070] and figure 14.
Regarding claims 18 and 19, Dishion et al. further disclose the weigh bucket scoop (214) includes a scoop (1802), wherein the scoop is configured to receive the smokable product; and Ishimaru further teaches a discharge end of a storage hopper (2) is provided with an arc-shaped door (3), wherein the arc-shaped door (3) is configured to open to drop material.
Regarding claim 20, Dishion et al. further disclose measuring the smokable product in the weigh bowl using the cell; and determining that the smokable product in the weigh bowl is within a predetermined tolerance of a predetermined amount of smokable product. See paragraph [0073].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Mosher et al. (5270495) reference discloses another weighing machine (10) and feed control having a feed hopper (12), feeders (40), and weigh scales (60).
The Knudsen (EP 2266424) reference discloses a tobacco dispensing system (Fig. 1) having load hopper (20), feeders (24, 26) and weighing device (30).
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/TIMOTHY L MAUST/ Primary Examiner, Art Unit 3753
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