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 .
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.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 6, lines 1-2, it is indefinite as written whether the listing is an accumulation of structure, or a set of equivalent individual options.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8-9, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onuma et al. (2023/0083278). Claims 1-3, 8 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshimura et al. (8,365,978). Claims 1-8, 13 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Focke et al. (4,303,155). Each discloses a package for collating a plurality of smoking articles comprising a substantially cuboidal pouch defined by a wrapper (1; 8; 38; respectively) comprising a front major portion (36 or 64; 52 or 64; surrounded by 41-44), a rear major portion (86; 86; surrounded by 41-44), a top minor portion (92; 60 or 92; 43), a bottom minor portion (80; 80; 44), a first side portion (one 66 and 88; one 66 and 88; 41) and a second side portion (other 66 and 88; other 66 and 88; 42), wherein the pouch is made from material configured and sealed to prevent the transfer of moisture in and out (see paragraph 0038; see column 1, lines 47-53; see column 1, lines 49-55) of the pouch, wherein the pouch is formed from a wrapper that is folded and sealed along a lap seal (31A; at 74 and 102; 45) between an overlapping section (98 and 102; 98 and 102; 47 extending from 43) and an underlapping section (74; 74 or 78; opposing the overlapping section in the blank) of the wrapper at the front major portion, the lap seal extending across a width of the front major portion, and wherein an edge region (102; 102; 47) of the overlapping section is configured to be pulled such that the lap seal breaks along at least part of the width of the front major portion thereby opening the pouch.
As to claim 2, each discloses at least part of the edge region (102; 102; 47) of the overlapping section is not sealed to the underlapping section to facilitate gripping thereof.
As to claim 3, each discloses a pair of lines (37, 37; 62; 62; lines designated as 49 in Figure 3 or 48 and 49, 48 and 49) of weakening formed in the overlapping section (98 and 102; 98 and 102; 47 extending from 43) such that, when the edge region (102; 102; 47) is pulled, the overlapping section tears along each line of weakening to open the pouch.
As to claim 4, Focke et al. disclose each line of weakening comprises a slit (at 48) extending from an edge of the overlapping section and terminating at or before the lap seal (45).
As to claim 5, Focke et al. disclose each line of weakening (48 and 49) comprises a line segment that cuts partially through the pouch, wherein the line segment is substantially continuous with the respective slit (48) and extends towards the top minor portion (43).
As to claim 6, Focke et al. disclose each line segment (48 and 49) comprises an incision (cut-line)(see column 3, lines 53-57).
As to claim 7, Focke et al. disclose each line segment further extends along at least part of the top minor portion.
As to claim 8, each discloses the wrapper is further sealed along a first fin seal (one 31B; one 50; 39) and a second fin seal (other 31B; other 50; 40).
As to claim 9, Onuma et al. disclose the wrapper (1) is a cellulose-based wrapper (paragraphs 0045-0046) and the pouch further comprises a moisture barrier coating (22) formed on the wrapper.
As to claim 13, Yoshimura et al. and Focke et al. each disclose an outer casing (4; 20) having a lid (5; 21) moveable between an open position and a closed position with the package housed within the outer casing.
As to claim 14, Yoshimura et al. disclose the edge region (102) coupled to an inner surface of the lid (5) such that the lap seal (at 74 and 102) breaks along at least part of the width of the front major portion when the lid is opened, thereby opening the pouch.
As to claim 15, each discloses a plurality of smoking articles contained within the pouch.
As to claim 16, Yoshimura et al. and Focke et al. each disclose a plurality of smoking articles contained within the pouch.
As to claim 17, the moisture barrier coating (22) of Onuma et al. is formed on an inside of the wrapper.
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Onuma et al. in view of Moore (2,248,579). Onuma et al. disclose the wrapper comprises a moisture barrier coating (22) formed on the wrapper, but not employing a lacquer. However, Moore discloses a moisture barrier coating comprising lacquer (see page 2, left column, lines 1-25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the package of Onuma et al. with the moisture barrier comprising a lacquer in the manner of Moore as claimed, as such a modification would predictably provide a similar moisture barrier. Lacguer is typically water-based.
Claims 11-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Onuma et al. in view of Chatelain et al. (11,084,649). Onuma et al. do not disclose a stiffening element. However, Chatelain et al. disclose a stiffening element (50) disposed within a pouch and arranged to lie substantially flush against an internal surface of the pouch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the package of Onuma et al. with a stiffening element in the manner of Chatelain et al.as claimed, as such a modification would predictably provide protection of the contained smoking articles.
As to claim 12, Chatelain et al. further disclose the stiffening element having front and two side sections foldable relative thereto (see column 6, lines 4-15 and 48-55).
As to claim 18, Chatelain et al. further disclose the stiffening element comprising cellulose-based material (see column 3, lines 24-31).
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (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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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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