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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114.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 March 30, 2026 has been entered.
This Office Action is in response to the Request for Continued Examination (RCE) filed on March 30, 2026 wherein; claim(s) 1 was amended, and claim(s) 8, 17-19, 21 previously canceled. Examiner notes amendments are directed to overcome rejection of claim(s) under 35 USC § 103. Therefore, claim(s) 1-7, 9-16, 20 are pending and will be examined.
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.
Claim(s) 1, 3-7, 9, 11, 16, 20 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Lodge (U. S. Patent US1446014A) hereinafter LODGE.
Regarding claim 1, LODGE teaches (see Fig. 1 - Fig. 3below) a package L2-01 for an elongate article (page 2, left column, line(s) 9-13, “... cylindrical form ...”), the package L2-01 having an inner container L2-02 and a lid 4,
wherein the inner container L2-02 comprises a base 1 and side panels 2 connected to the base 1 along respective fold lines 1a, the side panels 2 being foldable between an open configuration (Fig. 3), in which the side panels 2 extend outwardly of the base 1, and a closed configuration (Fig. 2), in which the side panels 2 upstand relative to the base 1 to form an enclosure (Fig. 2); and
wherein the lid 4 is configured to fit over the inner container L2-02 to hold the side panels 2 in the closed configuration (Fig. 2),
wherein the inner container L2-02 further comprises an intermediate panel 3 extending from an edge L1-01 of each side panel 2, each intermediate panel 3 being configured to press (Fig. 2) against an inside face L1-02 of an adjacent side panel 2 when the inner container L2-02 is in the closed configuration (Fig. 2).
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Regarding claim 3, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the side panels 2 are configured to fall into the open configuration (Fig. 3) upon removal of the lid 4.
Regarding claim 4, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the lid 4 comprises side walls L2-03, wherein the side walls L2-03 are arranged so that an inner face of each side wall L2-03 is configured to abut an outer face of a respective side panel 2 of the inner container L2-02 to hold the side panels 2 in the closed configuration (Fig. 2).
Regarding claim 5, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the side walls L2-03 of the lid 4 form an open ended sleeve L2-04.
Regarding claim 6, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the lid 4 comprises an end wall that extends across one end of the side walls L2-03 of the lid 4, so that the lid 4 comprises one open end L2-04 and one closed end L2-05.
Regarding claim 7, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the end wall of the lid 4 and the lower wall of the inner container L2-02 are the same shape.
Regarding claim 9, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the intermediate panels 3 connect adjacent side panels 2.
Regarding claim 11, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein each intermediate panel 3 comprises a pair of intermediate panels 3 and wherein each pair of intermediate panels 3 is configured to fold together in a concertina fashion when the inner container L2-02 is in the closed configuration (Fig. 2).
Regarding claim 16, LODGE teaches (see Fig. 1 - Fig. 3 above) package L2-01, wherein the elongate article (page 2, left column, line(s) 9-13, “... cylindrical form ...”) is capable to comprise an aerosol provision system.
Regarding claim 20, LODGE teaches (see Fig. 1 - Fig. 3 above) a pair of blanks for forming a package L2-01, wherein the pair of blanks comprises a blank for forming the inner container L2-02 and a blank for forming the lid 4.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: claim(s) 2, 10, 12-15 are allowable because the prior art of record (i.e., LODGE) do not anticipate or make obvious structures of a “package L2-01” wherein: “base 1 comprises a lower wall and side walls“ (claim(s) 2) / “side panels 2 are connected to the package L2-01 only at the base 1” (claim(s) 10) / “package L2-01 further comprising an insert” (claim(s) 12-15).
Response to Arguments
Applicant's arguments / amendments regarding rejections under 35 USC § 103 filed on March 30, 2026 have been considered but are moot because the new ground of rejections does not rely on exactly all references combinations applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chern et al. (W. I. P. O. Patent Application Publication WO2021236477A1): Teaches a “storage” with similar characteristics as the claimed invention.
Kunishima et al. (U. S. Patent Application Publication US20190047746A1): Teaches a “container” with similar characteristics as the claimed invention.
Tsai et al. (U. S. Patent Application Publication US20180178965A1): Teaches a “packaging” with similar characteristics as the claimed invention.
Saito (U. S. Patent Application Publication US20180044054A1): Teaches a “container” with similar characteristics as the claimed invention.
Lambert (U. S. Patent US5871102A): Teaches a “bin” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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