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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26 April 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beardsall (US 20190239562) further in view of Goulet (US 5411160).
Claim 1: Beardsall discloses a snuff container 1 comprising: a base 2 (body portion) defining an internal space accessible via an opening, the base 2 (body portion) comprising a bottom wall 21 and a sidewall 22 extending upwardly from a peripheral edge of the bottom wall 21, wherein the sidewall 22 comprises: a primary wall extending along a perimeter of the bottom wall 21 and having an inner surface bounding the internal space and an outer surface and an upper rim defining the opening, wherein the primary wall has at least one second section 24 [P.0063] extending over the height of the primary wall and presenting a reduced bending stiffness in a radial extension r; and a first lid 4 (cover) configured to securely and removably engage the base 2 (body portion), wherein the second section 24 pivots inwards upon application of a force in the r direction to expose a lid seat surface 43 of the first lid 4 (cover); and the first lid 4 (cover) is configured to securely and removably engage the base 2 (body portion) via an interference fit (see fig. 2-3 and annotated fig. 1 below).
Beardsall does not disclose a plurality of secondary walls, each of the secondary walls spaced inwardly from the inner surface of the primary wall and extending into the internal space, and each of the secondary walls at least partially surrounding a respective portion of the inner surface of the primary wall, the secondary walls and the primary wall defining a plurality of channels therebetween, wherein each secondary wall comprises a first vertical edge, a second vertical edge, a top horizontal edge, and a bottom horizontal edge and each secondary wall is coupled to the primary wall along their respective first and second vertical edges, thereby defining top gaps between the top horizontal edges of the secondary walls and the primary wall proximate the upper rim and bottom gaps between the bottom horizontal edges of the secondary walls and the primary wall proximate the peripheral edge of the bottom wall, such that respective portions of the primary wall flex relative to each of the secondary walls upon application of a force thereto.
Beardsall discloses a prior art snuff container 1 having all the recited structure, but which differs from the claimed device in that second section 24 pivots inwards instead of the sidewall comprising the claimed primary wall and secondary wall layout.
Goulet discloses a prior art closure 10 having a container 14 comprising a skirt 28 having an inner surface, an outer surface, and an area 32 (portion) which may be manually depressed as indicated by arrow 34 to depress inwardly with the upper edge of area 32 (portion) passing beneath lower edge 18 of a lid 12 allowing the lower edge 18 to be manually gripped and lifted in the direction of arrow 36 to remove the lid 12; and a secondary wall, formed by a portion of side wall 20 and two reinforcing ribs 30, spaced inwardly from the inner surface of the skirt 28 and extending into an internal space defined by the skirt 28 and at least partially surrounding an area 32 (respective portion) of the inner surface of the skirt 28 and along the entire of the area 32 (respective portion) thereby defining a channel between the skirt 28 and secondary wall, wherein the secondary wall comprises a first vertical edge and a second vertical edge and the secondary wall is coupled to the skirt 28 along the first and second vertical edges, thereby defining a top gap between the secondary wall and the skirt 28 and a bottom gap between the secondary wall and the skirt 28, such that area 32 (respective portion) of the skirt 28 flexes relative to the secondary wall upon application of a force thereto (see fig. 2-3 and annotated fig. 1 below). The substitution of one known element (pivoting second section 24 as shown in Beardsall) for another (inwardly flexible area 32 (respective portion) and secondary wall spaced inwardly from the inner surface of the inwardly flexible area 32 (respective portion) and at least partially surrounding and along the entire of the area 32 (respective portion) thereby defining a channel between the area 32 (respective portion) and secondary wall as shown in Goulet) would have been obvious to one or ordinary skill in the art at the time of the invention since the substitution of the inwardly flexible area 32 (respective portion) and secondary wall in Goulet would have yielded predictable results, namely, a child-proof means in Beardsall to expose a lid seat surface 43 of the first lid 4 (cover).
As the secondary wall extends along the entire height of the area 32 (respective portion), the secondary wall of the combination extends along the entire height of the primary wall as the second section 24 extended over the entire height of the primary wall of Beardsall. Therefore, the combination results in the secondary wall spaced inwardly from the inner surface of the primary wall of Beardsall and extending into the internal space defined by the primary wall of Beardsall and at least partially surrounding an area 32 (respective portion) of the inner surface of the primary wall of Beardsall thereby defining a channel between the primary and secondary wall, wherein the secondary wall comprises a first vertical edge, a second vertical edge, a top horizontal edge, and a bottom horizontal edge and the secondary wall is coupled to the primary wall along the first and second vertical edges, thereby defining a top gap between the top horizontal edge of the secondary wall and the primary wall proximate the upper rim and a bottom gap between the bottom horizontal edge of the secondary wall and the primary wall proximate the peripheral edge of the bottom wall 21, such that the area 32 (respective portion) of the primary wall flexes relative to the secondary wall upon application of a force thereto.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the base 2 (body portion) to have replaced the pivoting second section 24 with an inwardly flexible area 32 (respective portion) and secondary wall spaced inwardly from the inner surface of the primary wall, extending into the internal space, and at least partially surrounding, and along the entire of the area 32 (respective portion) thereby defining a channel between the area 32 (respective portion) and secondary wall, as taught by Goulet, in order to provide a structure which does not impact, disturb, or damage held contents when utilized as the inwardly flexible area 32 (respective portion) is blocked from the internal space by the secondary wall.
The combination discloses the claimed invention except for wherein the secondary wall comprises a plurality of secondary walls, each of the secondary walls spaced inwardly from the inner surface of the primary wall and extending into the internal space, and each of the secondary walls at least partially surrounding a respective portion of the inner surface of the primary wall, the secondary walls and the primary wall defining a plurality of channels therebetween, wherein each one of the plurality of secondary wall comprises a first vertical edge, a second vertical edge, a top horizontal edge, and a bottom horizontal edge and each one of the plurality of secondary wall is coupled to the primary wall along their respective first and second vertical edges, thereby defining top gaps between the top horizontal edges of the plurality of secondary walls and the respective portions of the primary wall proximate the upper rim and bottom gaps between the bottom horizontal edges of the plurality of secondary walls and the respective portions of the primary wall proximate the peripheral edge of the bottom wall, such that the portions of the primary wall flex relative to the plurality of secondary walls upon application of the force thereto.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided a plurality of secondary walls, each of the secondary walls spaced inwardly from the inner surface of the primary wall and extending into the internal space, and each of the secondary walls at least partially surrounding a respective portion of the inner surface of the primary wall, resulting in a plurality of channels, top gaps, and bottom gaps, as it has been held that the mere duplication of the essential working parts for a multiplied effect is obvious unless there is a synergistic effect. See St. Regis Paper Co. v. Bemis CO., Inc., 193 USPQ 8, 11 (7th Cir. 1977).
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Claim 3: The combination discloses wherein the areas 32 (respective portions) of the primary wall return to an unflexed position after removal of the force (see fig. 2-3 ‘160).
Claim 4: The combination discloses wherein the first lid 4 (cover) comprises: a top wall 41; and a lid side wall 46 (sidewall) extending downwardly from and about a peripheral edge of the top wall 41 (see fig. 6).
Claim 5: The combination discloses wherein the lid side wall 46 (sidewall) of the first lid 4 (cover) engages with at least a portion of the sidewall 22 of the first portion 104 (body portion) (see fig. 6).
Claim 6: The combination discloses wherein the first lid 4 (cover) is removable by flexing the areas 32 (respective portions) of the primary wall aligning with each of the secondary walls inwardly to expose a lid seat surface 43 (edge) of a lid side wall 46 (sidewall) of the first lid 4 (cover) (see fig. 3 and fig. 2-3 ‘160).
Claim 7: The combination discloses wherein an outer surface of a lid side wall 46 (cover sidewall) is configured to sit flush with an outer surface of the sidewall 22 of the first portion 104 (body portion) when engaged (see fig. 3).
Claim 8: The combination discloses wherein at least a portion of the lid side wall 46 (cover sidewall) and a portion of the body portion sidewall 22 abut when engaged (see fig. 3).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beardsall (US 20190239562) and Goulet (US 5411160) as applied to claim 1 above, and further in view of Zanker (DE 2933955).
Claim 2: The combination discloses the claimed invention except wherein the plurality of secondary walls comprises three secondary walls spaced 120 degrees apart.
Zanker teaches a case 1 having three hollow spaces 17 spaced 120 degrees apart, wherein outer rings 16 can be pressed in laterally in order to permit a plug 2 to be lifted from its closed position (see fig. 1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided three secondary walls spaced 120 degrees apart, as taught by Zanker, in order to permit access to the first lid 4 (cover) for removal from multiple different locations while requiring less rotation to orient the snuff container 1 to access an area 32 (portion) for removing the first lid 4 (cover) and as it has been held that the mere duplication of the essential working parts for a multiplied effect is obvious unless there is a synergistic effect. See St. Regis Paper Co. v. Bemis CO., Inc., 193 USPQ 8, 11 (7th Cir. 1977).
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patel (US 20200277110) further in view of Goulet (US 5411160) and Zanker (DE 2933955).
Claim 1: Patel discloses a container 10 comprising: an open-ended body 20 (body portion) defining an internal storage compartment 26 (internal space) accessible via an opening, the open-ended body 20 (body portion) comprising a bottom wall 22 and a peripheral flange 24 (sidewall) extending upwardly from a peripheral edge of the bottom wall 22, wherein the peripheral flange 24 (sidewall) comprises: a primary wall extending along a perimeter of the bottom wall 22 and having an inner surface bounding the internal storage compartment 26 (internal space) and an outer surface and a top edge 38 (upper rim) defining the opening; and a lid 40 (cover) configured to securely and removably engage the open-ended body 20 (body portion) via an interference fit, wherein an edge 50 of a sidewall 48 of the lid 40 (cover) interacts with a surface 36 of a lip 32 of the peripheral flange 24 (sidewall) when the lid 40 (cover) is fully seated on the open-ended body 20 (body portion), wherein an exterior surface 52 of the lid 40 (cover) has the same approximate size or diameter as the peripheral flange 24 (sidewall) (see P. 0063 and fig. 1-3).
Patel does not disclose a plurality of secondary walls, each of the secondary walls spaced inwardly from the inner surface of the primary wall and extending into the internal space, and each of the secondary walls at least partially surrounding a respective portion of the inner surface of the primary wall, the secondary walls and the primary wall defining a plurality of channels therebetween, wherein each secondary wall comprises a first vertical edge, a second vertical edge, a top horizontal edge, and a bottom horizontal edge and each secondary wall is coupled to the primary wall along their respective first and second vertical edges, thereby defining top gaps between the top horizontal edges of the secondary walls and the primary wall proximate the upper rim and bottom gaps between the bottom horizontal edges of the secondary walls and the primary wall proximate the peripheral edge of the bottom wall, such that the respective portions of the primary wall flex relative to each of the secondary walls upon application of the force thereto.
Goulet teaches a closure 10 having a container 14 comprising a skirt 28 having an inner surface, an outer surface, and an area 32 (respective portion) which may be manually depressed as indicated by arrow 34 to depress inwardly with the upper edge of area 32 (respective portion) passing beneath lower edge 18 of a lid 12 allowing the lower edge 18 to be manually gripped and lifted in the direction of arrow 36 to remove the lid 12, wherein the area 32 (respective portion) extends over the full height of the skirt 28; and a secondary wall, formed by a portion of side wall 20 and two reinforcing ribs 30, spaced inwardly from the inner surface of the skirt 28 and extending into an internal space defined by the skirt 28 and at least partially surrounding an area 32 (respective portion) of the inner surface of the skirt 28 and along the entire of the area 32 (respective portion) thereby defining a channel between the skirt 28 and secondary wall, wherein the secondary wall comprises a first vertical edge and a second vertical edge and the secondary wall is coupled to the skirt 28 along the first and second vertical edges, thereby defining a top gap between the secondary wall and the skirt 28 and a bottom gap between the secondary wall and the skirt 28, such that area 32 (respective portion) of the skirt 28 flexes relative to the secondary wall upon application of a force thereto (see fig. 2-3 and annotated fig. 1 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the peripheral flange 24 (sidewall) to have an area 32 (respective portion), which may be manually depressed inward, extending the full height of the peripheral flange 24 (sidewall) that is below the edge 50 of the lid 40 (cover), from the bottom wall 22 to the surface 36 of the lip 32, and to have a secondary wall, formed by a portion of a side wall 20 and two reinforcing ribs 30, spaced inwardly from the inner surface of the primary wall and extending into the internal storage compartment 26 (internal space), and the secondary wall at least partially surrounding the entire of the area 32 (respective portion) thereby defining a channel therebetween, wherein the secondary wall comprises a first vertical edge and a second vertical edge and the secondary wall is coupled to the primary wall along the first and second vertical edges, thereby defining a top gap between the secondary wall and the primary wall and a bottom gap between the secondary wall and the primary wall, as taught by Goulet, in order to permit a user to depress the area 32 (respective portion) to access the edge 50 of the lid 40 (cover) to more easily remove the lid 40 (cover) while not disturbing held contents.
Zanker teaches a case 1 having three hollow spaces 17 spaced 120 degrees apart, wherein outer rings 16 can be pressed in laterally in order to permit a plug 2 to be lifted from its closed position (see fig. 1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided three secondary walls and areas 32 (respective portions) spaced 120 degrees apart, as taught by Zanker, in order to permit access to the lid 40 (cover) for removal from multiple different locations while requiring less rotation to orient the container 10 to access an area 32 (respective portions) for removing the lid 40 (cover) and as it has been held that the mere duplication of the essential working parts for a multiplied effect is obvious unless there is a synergistic effect. See St. Regis Paper Co. v. Bemis CO., Inc., 193 USPQ 8, 11 (7th Cir. 1977).
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Claim 2: The combination discloses wherein the plurality of secondary walls comprises three secondary walls spaced 120 degrees apart (see fig. 2 ‘955).
Claim 3: The combination discloses wherein the areas 32 (respective portions) of the primary wall return to an unflexed position after removal of the force (see fig. 2-3 ‘160).
Claim 4: The combination discloses wherein the lid 40 (cover) comprises: a wall 42 (top wall); and a sidewall 48 extending downwardly from and about a peripheral edge of the wall 42 (top wall) (see fig. 1).
Claim 5: The combination discloses wherein the sidewall 48 of the lid 40 (cover) engages with at least a portion of the peripheral flange 24 (sidewall) of the open-ended body 20 (body portion) (see fig. 1-2).
Claim 6: The combination discloses wherein the lid 40 (cover) is removable by flexing the areas 32 (respective portions) of the primary wall aligning with each of the secondary walls inwardly to expose an edge 50 of a sidewall 48 of the lid 40 (cover) (see fig. 1 and fig. 2-3 ‘160).
Claim 7: The combination discloses wherein an exterior surface 52 (outer surface) of a sidewall 48 is configured to sit flush with an outer peripheral surface 28 of the peripheral flange 24 (sidewall) of the open-ended body 20 (body portion) when engaged (see fig. 1 and P. 0063).
Claim 8: The combination discloses wherein at least a portion of the sidewall 48 (cover sidewall) and a portion of the peripheral flange 24 (sidewall) abut when engaged (see fig. 1).
Claim 9: The combination discloses wherein the lid 40 (cover) further comprises a rib structure 60 (inner ring) extending downwardly from the wall 42 (top wall) and spaced inwardly from the sidewall 48 (cover sidewall), wherein the sidewall 48 (cover sidewall) and the rib structure 60 (inner ring) are configured to provide the interference fit between the lid 40 (cover) and the peripheral flange 24 (sidewall) of the open-ended body 20 (body portion) (see fig. 1 and 3). Due to the fact that the rib segments 62 are separated from one another by a vent channel 64 that allows venting from the interior of the container 10 to the atmosphere exterior of the container when the lid 40 is engaged with the lid body 20 the rib segments 62 must necessarily contact the interior surface of the peripheral flange 24.
Response to Arguments
The drawing objections in paragraph 3 of office action dated 2 January 2026 are withdrawn in light of the amended claims filed 2 April 2026.
The 35 U.S.C. § 112 rejections in paragraphs 4-9 of office action dated 2 January 2026 are withdrawn in light of the amended claims filed 2 April 2026.
Applicant's arguments filed 2 April 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Goulet fails to disclose or suggest a plurality of secondary walls, where each of the secondary walls is spaced inwardly from the inner surface of the primary wall and each of the secondary walls extending into the internal space as the skirt 28 of Goulet is disposed externally to the “primary” sidewall of the container, which defines/bounds the internal space (as opposed to the skirt 28), and the skirt 28 is not spaced inwardly from the inner surface of the sidewall 20 and does not extend into the internal space defined by the sidewall 20 and that Goulet discloses the opposite where the external skirt (i.e., the secondary wall) is attached to the outer surface of the “primary” sidewall via a flange 24 and ribs 30, the Examiner replies that these arguments amount to piecemeal analysis of the references. The combination results in the disputed limitation, of each of the secondary walls (see annotated fig. 1 above) being spaced inwardly from the inner surface of the primary wall (see annotated fig. 1 above) and extending into the internal space of Beardsall, and at least partially surrounding an inwardly flexible area 32 (respective portion) of the inner surface of the primary wall (see annotated fig. 1 above). Further, the external skirt 28 of Goulet can be considered to be synonymous with the primary wall of the invention, as opposed to the secondary wall, as the external skirt 28 is the outer wall and includes an inwardly flexible area 32 (portion) identically to how the primary wall 110 of the invention is the outer wall and includes at least one flex feature 124. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (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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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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