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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/15/2026 has been entered. Claim 13 remains withdrawn from consideration.
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.
Claims 1-6, 10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fagg et al. (US 2004/0217023).
Regarding claim 1, Fagg discloses a container (container shown in Figs. 1 and 2) capable of holding snus, comprising: a body (element at 15 in Fig. 1 is considered the body) defining a first compartment (compartment between bottom wall 80 and upstanding sidewall 90 in Fig. 2) capable of storing unused snus portions; a first lid (element 10 in Fig. 1 is considered the first lid) pivotably coupled to the body to be able to pivot about a first pivot axis (at 60 in Fig. 1) to and from a closing position (as shown in Fig. 9) in which the first lid closes the first compartment (as shown in Fig. 9), the first lid defining a second compartment (compartment at 50 in Fig. 1) separated from the first compartment and capable of storing used snus portions, and a second lid (at 20 in Fig. 2) pivotably coupled to the first lid to be able to pivot about a second pivot axis (at 65 in Fig. 1) to and from a closing position (as shown in Fig. 9) in which the second lid closes the second compartment (as shown in Fig. 9), wherein the snus container is a single continuous part (as shown in Figs. 1-3 and 5-6), and wherein the body, the first lid and the second lid are seamlessly connected and inseparable from each other (as shown in Figs. 1-3 and 5-6).
Regarding claim 2, Fagg discloses the first pivot axis and the second pivot axis are parallel (as shown in Fig. 3).
Regarding claim 3, Fagg discloses the first lid is pivotably coupled to the body by means of a first pivot coupling (at 60), and the second lid is pivotably coupled to the first lid by means of a second pivot coupling (at 65), wherein the first and/or the second pivot coupling is/are located along an outwardly facing side edge of the first lid (as shown in Fig. 7).
Regarding claim 4, Fagg discloses the first and second pivot couplings are located on opposite sides of the outwardly facing side edge of the first lid (as shown in Fig. 7).
Regarding claim 5, Fagg discloses the first and/or second pivot coupling is a bendable strip.
Regarding claim 6, Fagg discloses the first lid and/or the second lid is provided with a latching mechanism (120/125) for maintaining said lid or lids in the respective closed position in a latching manner.
Regarding claim 10, Fagg discloses the snus container is made from a plastic or polymer material ([0079]).
Regarding claim 12, Fagg discloses a container (container shown in Figs. 1 and 2) capable of holding snus, comprising: a body (element at 15 in Fig. 1 is considered a body) defining a first compartment (compartment between bottom wall 80 and upstanding sidewall 90 in Fig. 2) capable of storing unused snus portions; a first lid (element 10 in Fig. 1) pivotably coupled to the body to be able to pivot about a first pivot axis (at 60 in Fig. 1) to and from a closing position (as shown in Fig. 9) in which the first lid closes the first compartment (as shown in Fig. 9), the first lid defining a second compartment (compartment at 50 in Fig. 1) separated from the first compartment and capable of storing used snus portions, and a second lid (at 20 in Fig. 2) pivotably coupled to the first lid to be able to pivot about a second pivot axis (at 65 in Fig. 1) to and from a closing position (as shown in Fig. 9) in which the second lid closes the second compartment (as shown in Fig. 9), wherein the snus container is a single continuous part (as shown in Figs. 1-3 and 5-6), and the body, the first lid and the second lid are seamlessly connected (as shown in Figs. 1-3 and 5-6), and wherein both the first lid and the second lid remain attached to the snus container when opening the first compartment or the second compartment, respectively.
Claims 1, 3, 6, 10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sierson (US 10,154,944).
Regarding claim 1, Sierson discloses a container (container at 10 in Fig. 7) capable of holding snus, comprising: a body (See Fig. 7 labeled below) defining a first compartment (at 42 in Fig. 7) capable of storing unused snus portions; a first lid (See Fig. 7 labeled below) pivotably coupled to the body to be able to pivot about a first pivot axis (at the right side of the first lid in Fig. 7) to and from a closing position (as shown in Fig. 4) in which the first lid closes the first compartment (as shown in Fig. 4), the first lid defining a second compartment (compartment at 40 in Fig. 6) separated from the first compartment and capable of storing used snus portions, and a second lid (See Fig. 7 labeled below) pivotably coupled to the first lid to be able to pivot about a second pivot axis (at the right side of the second lid in Fig. 7) to and from a closing position (as shown in Fig. 4) in which the second lid closes the second compartment (as shown in Fig. 4), wherein the snus container is a single continuous part (as shown in Fig. 7), and wherein the body, the first lid and the second lid are seamlessly connected and inseparable from each other (as shown in Fig. 7).
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Regarding claim 3, Sierson discloses the first lid is pivotably coupled to the body by means of a first pivot coupling (at 20 in Fig. 6), and the second lid is pivotably coupled to the first lid by means of a second pivot coupling (at 20 in Fig. 6), wherein the first and/or the second pivot coupling is/are located along an outwardly facing side edge of the first lid.
Regarding claim 6, Sierson discloses the first lid and/or the second lid is provided with a latching mechanism (at 12) for maintaining said lid or lids in the respective closed position in a latching manner.
Regarding claim 10, Sierson discloses the snus container is made from a plastic or polymer material (See abstract).
Regarding claim 12, Sierson discloses a container (container at 10 in Fig. 7) capable of holding snus, comprising: a body (See Fig. 7 labeled above) defining a first compartment (at 42 in Fig. 7) capable of storing unused snus portions; a first lid (See Fig. 7 labeled above) pivotably coupled to the body to be able to pivot about a first pivot axis (at the right side of the first lid in Fig. 7) to and from a closing position (as shown in Fig. 4) in which the first lid closes the first compartment (as shown in Fig. 4), the first lid defining a second compartment (compartment at 40 in Fig. 6) separated from the first compartment and capable of storing used snus portions, and a second lid (See Fig. 7 labeled above) pivotably coupled to the first lid to be able to pivot about a second pivot axis (at the right side of the second lid in Fig. 7) to and from a closing position (as shown in Fig. 4) in which the second lid closes the second compartment (as shown in Fig. 4), wherein the snus container is a single continuous part (as shown in Fig. 7), and wherein the body, the first lid and the second lid are seamlessly connected, and wherein both the first lid and the second lid remain attached to the snus container when opening the first compartment or the second compartment, respectively.
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 7-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Fagg et al. (US 2004/0217023) as applied to claim 1 above, in view of Bjorkholm (US 2009/0014450).
Regarding claims 7 and 9, Fagg discloses the claimed invention except for the express disclosure of the specific manufacturing method. However, Bjorkholm teaches it is well known in the art for a snuff container to be manufactured by an injection moulding process including moulds for the lower portion, lower lid and cover lid ({(0009]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the device of Fagg from an injection moulding process as taught by Bjorkholm in order to ease the manufacturing process.
Regarding claim 8, Fagg discloses the snus container is formed as a single continuous part (as shown in Figs. 1-3 and 5-6).
Regarding claim 11, Fagg discloses the snus container is made from a plastic material ([0079]).
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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