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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schwalbe (U.S Patent No. 2294133). Schwalbe discloses an herb multitool comprising:
a central portion (by reference sign 2, fig. 2);
a plurality of arms, wherein each arm of the plurality of arms fixedly extends from the central portion at a predefined angle from each other, wherein each arm of the plurality of arms is fixedly substantially perpendicular to corresponding adjacent arms (see fig. 2); and
a plurality of features, wherein each feature of the plurality of features is disposed on a respective arm of the plurality of arms, the plurality of features comprising: a first feature configured to scoop herbs from a first structure (by reference 4, fig. 2); a second feature configured to pack the herbs in a second structure (by reference 7, fig. 2); and a third feature configured to clean one or more herbs from at least one of the first structure or the second structure (by reference 6, fig. 2).
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.
Claim(s) 2--11, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwalbe (U.S Patent No. 2294133) in view of Perucca et al. (U.S Pub. No. 20160095473).
Regarding claim 2, Schwalbe does not expressly discloses a fourth feature configured to pack the herbs with different sizes. Perucca discloses additional tools including packing the herbs ([0025-0026] and fig. 5A). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include a fourth feature configured to pack the herbs; and the combination of Schwalbe and Perucca teaches/suggests a fourth feature in a third structure, wherein the second feature and the fourth feature are different sizes so the multitools can have multiple packing tools with different sizes/shapes.
Regarding claim 3, Schwalbe discloses the herb multitool, wherein a plurality of arms comprises:
a first arm extending from the central portion, wherein the first feature is disposed at a first arm distal end of the first arm; a second arm extending from the central portion, wherein the second feature is disposed at a second arm distal end of the second arm; a third arm extending from the central portion, wherein the third feature is disposed at a third arm distal end of the third arm (see fig. 2). Perucca discloses additional tools including packing the herbs ([0025-0026] and fig. 5A); therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to include a fourth arm extending from the central portion, wherein the fourth feature is disposed at a fourth arm distal end of the fourth arm as taught by Perucca for the multitool of Schwalbe.
Regarding claim 4. Perucca discloses a fifth feature capable of securing the second structure, the fifth feature being disposed at a midway point between the central portion and a corresponding arm distal end of one of arm (circular feature in the middle portion of fig. 4).
Regarding claim 5, Perucca discloses the first feature is a scoop [0026];
the second feature is a first packer (fig. 5A and [0025]);the third feature is a pick (fig. 5);
the fourth feature is a second packer that is larger than the first packer [0025-0026]; and the fifth feature forms a channel or recess in a corresponding arm of the plurality of arms to secure the second structure (see fig. 5).
Regarding claim 6, Perucca discloses the multitool is modular (Abstract and [0007]) suggesting that one or more of the plurality of arms are modular and configured to receive detachable or interchangeable attachments for one or more of scooping, packing, or cleaning.
Regarding claim 7, Perucca discloses the detachable or interchangeable attachments comprise features configured for one or more of: herb preparation comprising at least one of the scooping, the packing, or the cleaning; handling or securing smoking accessories; providing maintenance, storage, or utility functions; or performing additional tasks related to smoking sessions (Abstract and [0025-0026]).
Regarding claim 8, since Perucca’s multitool is configured for smoking pipe [0002], it would have obvious to one of ordinary skill in the art at the time the invention was made to make the tool further comprising a plastic body (for light weight). Schwalbe discloses at least one of the second feature or the third feature comprises metal to provide heat resistance and durability (claim 1).
Regarding claim 9, Schwalbe discloses at least one metal component is disposed on the second feature or the third feature to provide the heat resistance and the durability (claim 1).
Regarding claim 10, since Perucca discloses display the identifier of the arms (see fig. 5), it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the central portion of the herb multitool or one or more of the plurality of arms of the herb multitool comprises a surface configured to display an identifier.
Regarding claim 11, the combination of Schwalbe and Perucca taken together as a whole teaches/suggests the herb multitool is substantially symmetrical, and wherein each of the plurality of arms [[are]] is in a fixed location substantially evenly distributed around a central axis of the herb multitool. Furthermore, rearrangement of parts are deemed obvious (See In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)).
Regarding claim 16, Schwalbe discloses an herb multitool comprising:
a central portion (by reference sign 2, fig.2);
a plurality of arms, wherein each arm of the plurality of arms fixedly extends from the central portion, wherein each arm of the plurality of arms is substantially perpendicular to corresponding adjacent arms (see fig. 2), the plurality of arms comprising:
a first arm and a second arm that are fixedly disposed along a first axis (by reference signs 6, 7 of fig.2); and
a third arm fixedly disposed along a second axis. Schwalbe does not expressly discloses a fourth arm. Perucca discloses a herb multitool can include additional tools with other useful features wherein these additions can be integrated into the device [0026]. Therefore, it would have been obvious to add a fourth arm to the multitool of Schwalbe for additional features as taught by Perucca. The combination of Schwalbe and Perucca taken together as a whole teaches/suggests a third arm and a fourth arm that are fixedly disposed along a second axis that is substantially perpendicular to the first axis; and a plurality of features configured to one or more of scoop, pack, or clean herbs (fig.2 of Schwalbe and [0025-0026] of Perucca, the plurality of features comprising:
a first feature disposed at a distal end of the first arm, a second feature disposed at a distal end of the second arm, wherein the first feature and the second feature are fixedly disposed along the first axis; a third feature disposed at a distal end of the third arm and a fourth feature disposed at a distal end of the fourth arm, wherein the third feature and the fourth feature are fixedly disposed along the second axis.
Regarding claim 17, Perucca discloses at least one of the plurality of arms comprises a fifth feature that is capable of securing a container to receive the herbs [0026]
Regarding claim 18, Perucca discloses the plurality of features comprise: a scoop configured to scoop the herbs from a first container into a second container; a first packer configured to pack the herbs into the second container; and a pick configured to clean one or more herbs from one or more of the first container or the second container ([0025-0026] and fig. 5A).
Regarding claim 19, Perucca discloses wherein the plurality of features further comprise a second packer that has a different size than the first packer [0025-0026].
Regarding claim 20, Perucca discloses the herb multitool further comprising a central portion, wherein the plurality of arms extend from the central portion (see fig. 5A).
Response to Arguments
Applicant’s arguments filed 9/02/2025 have been considered but are moot in view of the new ground of rejection.
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.
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/PHU H NGUYEN/Examiner, Art Unit 1747