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
Applicant’s preliminary amendment filed 10/10/2025 has been entered.
Claims 1-17 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2025 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 4, 6, 10, 15 and 17 are objected to because of the following informalities:
-Claim 1, line 1, “for the production” would be better recited as “for production”.
-Claim 1, line 8, “the first seats (16) in the area” would be better recited as “the first seats (16) in an area ”.
-Claim 4, line 2, “is faulty, if” would be better recited as “is faulty if”.
-Claim 6, lines 4-8 should be indented to denote the features are comprised by the “pneumatic device”.
-Claim 6, line 7, “at the centre” should instead be “at a center”.
-Claim 7, line 3, “can be connected” would be better recited as “configured to be connected”.
-Claim 10, line 3, “distributes on all rows” would be better recited as “distributed on all rows of the several rows”.
-Claim 15, line 11, “the filling unit (18)” should instead be recited as “the at least one filling unit (18).”
-Claim 17, line 1, “for the production” would be better recited as “for production”.
-Claim 17, lines 4-5, “drum (13), which” would be better recited as “drum (13) which”.
-Claim 17, line 5, “vertical rotation axis (14) controlling” would be better recited as “vertical rotation axis (14); controlling” with “controlling” being on a subsequent line.
-Claim 17, line 10, “the area” should instead be “an area”.
-Claim 17, lines 12-13, “present in the area” should instead be “present in an area”.
Appropriate correction is required.
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)(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.
(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.
Claims 1, 5, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Cadieux (US PGPUB 2015/0289565).
Regarding Claim 1, Cadieux discloses a manufacturing machine (Figures 10a, 10b or 13) for the production of disposable cartridges (70; Figure 1a) for electronic cigarettes (abstract) and comprising:
a first manufacturing drum (234b; Figure 24a), which is mounted so as to rotate around a first vertical rotation axis (of 234b; note drum 234 in Figure 10a) and supports at least a first group of first seats (flutes; Para. 0153; see 24b(1)-24b(4) in Figure 24b), each designed to house a corresponding cartridge (70) comprising a casing (of 70) containing a quantity of aromatic product (note although Para. 0153 outlines the cartridges being filled after the RTD test, the drum is clearly capable of housing a filled cartridge); and
at least one control unit (“RTD workstation 966” including 956, 961, 963; Figure 24a-24b) configured to control at least part of the cartridges (70) carried by the first seats (flutes 24b(1)-24b(4)) in the area (at “workstation 966”) of the control unit (note the RTD workstation and structures thereof perform a pneumatic control as outlined in Paras. 0154-0157; note Page 5, lines 3-8 of Applicant’s specification refers to pneumatic control) and comprising:
a pneumatic device (956; Figure 24b), which is configured to be coupled to an end of at least part of the cartridges (70) carried by the first seats (24b(1)-24b(4) of 234b) in the area of the control unit (C) and, hence, apply a pneumatic stress to the cartridges (70; Para. 0155, 0156); and
a sensor device (gauge 963), which is configured to measure a pressure present in the area of the end of each cartridge (70) during the application of the pneumatic stress (Para. 0155, 0156).
Regarding Claim 5, Cadieux discloses the pneumatic device (956) is vertically movable between an operating position (see 24b(2)-24b(3) of Figrue 24b), in which the pneumatic device (956) is in contact with the cartridges (70) carried by the first seats (24b(1)-24b(4)) in the area of the control unit, and a rest position (see 24b(1), 24b(4) of Figrue 24b), in which the pneumatic device (956) is separate from the cartridges (70) carried by the first seats (24b(1)-24b(4) of Figrue 24b) in the area of the control unit (Paras. 0154-0156).
Regarding Claim 13, Cadieux discloses at least one filling unit (248; Figure 10a) configured to feed a corresponding quantity of aromatic product into each casing (70; Para. 0096).
Regarding Claim 16, Cadieux discloses the sensor device (956) is configured to measure a counter-pressure generated in a chamber (957) close to the end of each cartridge (70) during the application of the pneumatic stress (Para. 0155-0156).
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.
Claims 1-5, 9, 11-13, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ghiotti (US PGPUB 2019/0152627), in view of Testoni (US PGPUB 2020/0107580), and in further view of Maggio (US Patent 5,526,683).
Regarding Claim 1, Ghiotti discloses a manufacturing machine (10; Figure 2) for the production of disposable cartridges (3; Figure 1) for electronic cigarettes and comprising:
a first manufacturing drum (12), which is mounted so as to rotate around a first vertical rotation axis (Para. 0027) and supports at least a first group (15) of first seats (23), each designed to house a corresponding cartridge (3) comprising a casing (5; Figure 3) containing a quantity (S) of aromatic product (Para. 0029-0032); and
at least one control unit (“weighing and discarding unit 15”; note per Applicant’s specification, “control unit” is being interpreted as a verification station/unit and therefore the “weighing and discarding unit 15” of Ghiotti is consistent with the Applicant’s specification) configured to control at least part of the cartridges (3) carried by the first seats (23) in the area of the control unit (WRS; Para. 0027, 0062-0065).
However, Ghiotti does not readily disclose the at least one control unit comprises a pneumatic device, which is configured to be coupled to an end of at least part of the cartridges carried by the first seats in the area of the control unit and, hence, apply a pneumatic stress to the cartridges and a sensor device, which is configured to measure a pressure present in the area of the end of each cartridge during the application of the pneumatic stress.
First, attention is brought to the teachings of Testoni which includes another manufacturing machine (1; Figure 1) for the production of disposable cartridges for electronic cigarettes (abstract) wherein the machine comprises a filling station (S5) and a downstream control unit (“single measuring station”; Para. 0032) comprising a pressure measurement means for each cartridge and a processing unit capable of comparing the quantity of product filled into each cartridge with a reference value, and causing a cartridge to be rejected if it is found to be “non-conforming” (Para. 0032).
Further, attention is brought Maggio which teaches a control unit for determining a quantity of material (16; Figure 1) filled in a container (10), wherein the control unit comprises a pneumatic device (air supply 22, valve 24, sensor 30, tank 26, valve 28 and conduit 32, hereinafter referred to as 22-32), which is configured to be coupled to an end of at least part of the container (10) and, hence, apply a pneumatic stress to the container (10; Col 1, line 64 through Col 2, line 14) and a sensor device (34), which is configured to measure a pressure present in the area of the container (10) during the application of the pneumatic stress (Col 3, lines 1-24).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have replaced the weighing/discarding/control unit of Ghiotti with a pressure measurement control unit as taught by Testoni. By modifying Ghiotti in this manner, the quantity of material can be readily determined in a simpler manner without the need of complex structures of a weighing/discarding/control unit such as load cells, support elements, arms and pusher elements of Ghiotti.
Further, although Testoni does not readily disclose a pneumatic device for applying pneumatic stress and a sensor device in the manner as claimed, Maggio teaches such a pneumatic device and a sensor device (as outlined above).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified utilized a pneumatic device and a sensor device as taught by Maggio with the pressure measurement means/control unit (taught by Testoni) incorporated into Ghiotti. By utilizing a such a pneumatic device and sensor device, an accurate reading of the quantity of material can be readily obtained. Note that Applicant has not disclosed that the manner in which the pressure measurements are obtained provides an advantage, is used for a particular purpose, or solves a stated problem other than determining a quantity of material filled as outlined by Testoni. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the control unit of Testoni. (incorporated into Ghiotti) with or without the system of Maggio because in either instance a pressure measurement is obtained to determine the quantity of product filled in the cartridge.
Therefore, it would have been an obvious matter of design choice to modify Ghiotti, in view of Testoni and Maggio, to obtain the invention as specified in the claim.
Regarding Claim 2, Ghiotti, as modified, discloses control unit (15 as modified above) comprises a processing device (“a processing unit”; Para. 0032 of Testoni), which is configured to establish a mass of the quantity of aromatic product of a cartridge (3) depending on the corresponding pressure measured by the sensor device (i.e. 34 of Maggio) during the application of the pneumatic stress (taught by Maggio).
Regarding Claim 3, Ghiotti, as modified, discloses the control unit comprises a processing device (“a processing unit”; Para. 0032 of Testoni), which is configured to establish whether a cartridge (3) is faulty depending on the corresponding pressure measured by the sensor device during the application of the pneumatic stress (Para. 0032 of Testoni outlines “comparing the quantity of product filled into each cartridge with a reference value, causing the cartridge to be rejected if it is found to be “non-conforming”).
Regarding Claim 4, Ghiotti, as modified, discloses wherein the processing device (“a processing unit”; Para. 0032 of Testoni), is configured to establish that a cartridge (3) is faulty, if the corresponding pressure measured by the sensor device is smaller than a minimum threshold value or if it is greater than a maximum threshold value (Para. 0031-0032 of Testoni outline that if the measured value does not coincide, the cartridge is viewed as faulty or “non-conforming”).
Regarding Claim 5, Ghiotti, as modified, discloses several features of the claimed invention but does not readily disclose the pneumatic device is vertically movable between an operating position, in which the pneumatic device is in contact with the cartridges carried by the first seats in the area of the control unit, and a rest position, in which the pneumatic device is separate from the cartridges carried by the first seats in the area of the control unit. However, it can be readily implied, in view of Testoni and Maggio, that the pneumatic device as incorporated into Ghiotti would need to move vertically relative to the cartridges in order to obtain a pressure measurement and allow for the cartridges to readily be conveyed.
Regarding Claim 9, Ghiotti, as modified, discloses several features of the claimed invention but does not disclose at least two twin control units, which are arranged one after the other and are each designed to control a respective part of the cartridges carried by the first seats. However, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have utilized multiple control units, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations. MPEP 2144.04 (VI)(B).
Regarding Claim 11, Ghiotti, as modified, discloses the pneumatic device (22-32 of Maggio) is configured to apply a compressed air blow to the cartridges (via puff tank 26 of Maggio).
Regarding Claim 12, Ghiotti, as modified, discloses a first supply unit (18), which is arranged downstream of the control unit (15 as modified) and is configured to couple, thus ending the formation of a respective cartridge (3), a respective lid (closing ring nut 9) to each casing (5).
However Ghiotti does not readily disclose the first supply unit (18) being upstream of the control unit (15) that is configured to couple a lid on casings carried by the first seats (23).
It would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was effectively filed to have arranged the first supply unit of Ghiotti upstream of the control unit on the first manufacturing drum because Applicant has not disclosed that such location provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the location of the supply unit of Ghiotti because in either instance, the cartridges are closed.
Therefore, it would have been an obvious matter of design choice to modify Ghiotti to obtain the invention as specified in the claim.
Regarding Claim 13, Ghiotti, as modified, discloses at least one filling unit (FS) configured to feed a corresponding quantity of aromatic product into each casing (5; Para. 0027).
Regarding Claim 16, Ghiotti, as modified, discloses the sensor device (34 of Maggio) is configured to measure a counter-pressure generated in a chamber close to the end of each cartridge (3) during the application of the pneumatic stress (see Col 3, lines 1-24 of Maggio as incorporated into Ghiotti).
Regarding Claim 17, Ghiotti discloses a manufacturing method (10; Figure 2) for the production of disposable cartridges (3; Figure 1) for electronic cigarettes and comprising the steps of:
housing a plurality of cartridges (3), each comprising a casing (5) containing a quantity of aromatic product, in a group of seats (23) supported by a manufacturing drum (12), which is mounted so as to rotate around a vertical rotation axis (Para. 0029-0032);
controlling, by means of at least one control unit (“weighing and discarding unit 15”; note per Applicant’s specification, “control unit” is being interpreted as a verification station/unit and therefore the “weighing and discarding unit 15” of Ghiotti is consistent with the Applicant’s specification), at least part of the cartridges (3) carried by the first seats (23) in the area of the control unit (15; WRS; Para. 0027, 0062-0065).
However, Ghiotti does not disclose coupling a pneumatic device of the control unit to an end of at least part of the cartridges carried by the first seats in the area of the control unit, applying, by means of the pneumatic device, a pneumatic stress to the cartridges, and measuring, by means of a sensor device of the control unit, a pressure present in the area of the end of each cartridge during the application of the pneumatic stress.
First, attention is brought to the teachings of Testoni which includes another manufacturing method (1; Figure 1) for the production of disposable cartridges for electronic cigarettes (abstract) wherein the method comprises a filling (S5) and a downstream controlling (“single measuring station”; Para. 0032) comprising a pressure measurement for each cartridge and a processing unit for comparing the quantity of product filled into each cartridge with a reference value, and causing a cartridge to be rejected if it is found to be “non-conforming” (Para. 0032).
Further, attention is brought Maggio which teaches a control unit and method for determining a quantity of material (16; Figure 1) filled in a container (10), wherein the method comprises coupling a pneumatic device (air supply 22, valve 24, sensor 30, tank 26, valve 28 and conduit 32, hereinafter referred to as 22-32) to an end of at least part of the container (10) and apply a pneumatic stress to the container (10; Col 1, line 64 through Col 2, line 14) and further measure, with a sensor device (34), a pressure present in the area of the container (10) during the application of the pneumatic stress (Col 3, lines 1-24).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have replaced the weighing/discarding/control unit of Ghiotti with a pressure measurement control unit and operation thereof as taught by Testoni. By modifying Ghiotti in this manner, the quantity of material can be readily determined in a simpler manner without the need of complex structures of a weighing/discarding/control unit such as load cells, support elements, arms and pusher elements of Ghiotti.
Further, although Testoni does not readily disclose a pneumatic device for applying pneumatic stress and measuring the pressure with a sensor device in the manner as claimed, Maggio teaches such coupling of a pneumatic device, applying the pneumatic stress and measuring pressure with a sensor device (as outlined above).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have coupled and utilized a pneumatic device and further have measured pressure with a sensor device as taught by Maggio with the pressure measurement means/control unit (taught by Testoni) incorporated into Ghiotti. By utilizing a such a pneumatic device and sensor device, an accurate reading of the quantity of material can be readily obtained. Note that Applicant has not disclosed that the manner in which the pressure measurements are obtained provides an advantage, is used for a particular purpose, or solves a stated problem other than determining a quantity of material filled as outlined by Testoni. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the control unit of Testoni.(incorporated into Ghiotti) with or without the system of Maggio because in either instance a pressure measurement is obtained to determine the quantity of product filled in the cartridge.
Therefore, it would have been an obvious matter of design choice to modify Ghiotti, in view of Testoni and Maggio, to obtain the invention as specified in the claim.
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ghiotti (US PGPUB 2019/0152627), in view of Testoni (US PGPUB 2020/0107580) and Maggio (US Patent 5,526,683), as applied to Claims 1 and 9, and in further view of Milandri (WO 2019/043665 A2-cited in IDS).
Regarding Claim 10, Ghiotti, as modified, discloses several features but does not disclose the first seats (23) are arranged on several rows and each control unit (15 as modified) is configured to control cartridges (3) distributed on all rows.
Attention is brought to Milandri which teaches two manufacturing drums (9, 13; Figures 3-5) which comprise seats (12) arranged in several rows (as shown).
It would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was effectively filed to have modified the drum of Ghiotti to include an arrangement of seats as taught by Milandri in order to increase the amount of cartridges that can be processed simultaneously at each station and thereby increasing the throughput of the machine.
Regarding Claim 15, Ghiotti, as modified, discloses several claimed features including a second manufacturing drum (17) which is mounted so as to rotate around a second vertical rotation axis and supports at least a second group of second seats (23), each designed to house a corresponding casing (3), a second supply unit (PS) which is configured to insert respective casings (3) into seats (23), at least one filling unit (FS) arranged downstream of the second supply unit (PS) and is configured to feed a corresponding quantity of aromatic product into each casing (3), and a transfer unit (CDS) which is arranged downstream of the filling unit (FS) and is configured to transfer the casings (3).
However, Ghiotti, as modified, does not disclose:
(1) the second supply unit (PS) configured to insert respective casings (22) into the second seats (23 of 17) in the area of the second supply unit (17);
and
(2) the transfer unit (CDS) configured to transfer the casings (2) from the second seats (23 of 17) of the second group of the second manufacturing drum (17) to the first seats (23 of 12) of the first group of the first manufacturing drum (12).
Milandri teaches a second manufacturing drum (9; Figures 3-5), which is mounted so as to rotate around a second vertical rotation axis (10) and supports at least a second group (11) of second seats (12), each designed to house a corresponding casing (2; Page 5, line 30 through Page 6, line 9);
a second supply unit (17), which is configured to insert respective casings (2) into the second seats (12) in the area of the second supply unit (17; Page 6, lines 29-32);
at least one filling unit (18), which is arranged downstream of the second supply unit (17) and is configured to feed a corresponding quantity (5) of aromatic product into each casing (2; Page 7, lines 1-19); and
a transfer unit (20), which is arranged downstream of the filling unit (18) and is configured to transfer the casings (2) from the second seats (12) of the second group (11) of the second manufacturing drum (9) to the first seats (16) of the first group (15) of the first manufacturing drum (13; Page 7, line 30 through Page 8, line 14).
It would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was effectively filed to have arranged the second manufacturing drum (17), the second supply unit (PS), the filling unit (FS) and the transfer unit (CDS) of Ghiotti in the manner as taught by Milandri because Applicant has not disclosed that such arrangement provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the arrangement of Ghiotti because in either instance, the cartridges are formed, filled and closed.
Therefore, it would have been an obvious matter of design choice to modify Ghiotti to obtain the invention as specified in the claim. Note it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04(VI)(C).
Allowable Subject Matter / Examiner’s Note
Claims 6-8 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 6, none of the prior art references, alone or in combination, anticipate or render obvious the details of the pneumatic device as claimed including a support body having a lower wall facing the first manufacturing drum, and a plurality of coupling elements, each of which is fixed to the lower wall of the support body, is shaped so as to engage, in a sealing manner, a respective cartridge carried by a first seat in the area of the control unit and is crossed, at the center, by a duct that can be connected to a pneumatic source.
Regarding Claim 14, Ghiotti, as modified, discloses the control unit (15 as modified) comprises a processing device (taught by Testoni), which is configured to establish a mass of the quantity of aromatic product of a cartridge (3) depending on the corresponding pressure measured by the sensor device (34 as incorporated by Maggio; see Para. 0032 of Testoni), however, Ghiotti, as modified, does not disclose the control unit is configured to adjust, based on a feedback, the mass of the quantity of aromatic product fed by the filling unit depending on the mass of the quantity of aromatic product established depending on the pressure measured by the sensor device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
-Clusserath (US PGPUB 2014/0215965), Grossman (US PGPUB 2004/0237466), Clusserath (US PGPUB 2022/024747), Kneen (US PGPUB 2026/0217396) disclose pressure sensors incorporated into a filling station.
-Hodges (US PGPUB 2016/0200463) discloses a pressure sensing valve used to control filling of e-liquid.
-Colotte (US PGPUB 2018/0292250) discloses a pressure sensor in a cartridge wherein the pressure value is a measure for the liquid fill level in the liquid storage portion.
-Koltay (US PGPUB 2013/0327787) discloses a pressure sensor and, depending on the monitored output signal of the pressure sensor, terminate or repeat the operation of the dosing means.
-Kraft (US Patent 4,281,536) discloses a pressure testing unit to be coupled to a filled container.
-Richter (US Patent 4,291,573) discloses a pressure testing head to be coupled to a filled container.
-Araki (US Patent 4,733,516) discloses a filling head with a pressure sensor incorporated therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 9/10/2026
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