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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/24/2026 has been entered.
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 16, 18, 19, 21, 26, 28 and 32 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hodgson et al. (US 8,820,521).
Regarding claim 16, Hodgson discloses a refillable container (See Fig. 9) capable of holding a product for oral consumption, the refillable container comprising: a refill unit (at 10); a casing (at 42) having an access opening (top opening of 42 in Fig. 9) at a top end of the casing, the casing being configured to removably receive the refill unit through the access opening; and a lid (at 41) movable between a closed position in which the lid occludes the access opening and an open position in which the lid is displaced to reveal the access opening and enable access to the refill unit, wherein the refill unit comprises a rigid cup-shaped body (See Figs. 1-3 and 9) comprising a bottom wall (at 11 in Fig. 3) and a side wall (at 12 in Fig. 3), the rigid cup-shaped body defining an internal receptacle configured to accommodate the product for oral consumption, wherein the bottom wall of the rigid cup-shaped body comprises a downwardly concave portion (at 15/11 in Fig. 3 and Fig. 9), such that when the refill unit is received inside the casing a compartment is defined between the downwardly concave portion and a bottom wall (horizontal bottom wall of 42 in Fig. 9) of the casing (as shown in Fig. 9) and wherein the refill unit further comprises a seal (at 30 in Fig. 5) at a top end of the rigid cup-shaped body, the seal being peelable to reveal the internal receptacle.
Regarding claim 18, Hodgson discloses the rigid cup-shaped body of the refill unit further comprises a lip portion (at 13 in Fig. 3) extending outwardly from an upper edge (upper edge of 12 in Fig. 3) of the side wall, the lip portion being configured to rest against an edge surface of the access opening at the top end of the casing when the refill unit is received into the casing through the access opening (as shown in Fig. 9).
Regarding claim 19, Hodgson discloses the rigid cup-shaped body of the refill unit further comprises a connecting portion (at 14 in Fig. 3) extending between the bottom wall of the rigid cup-shaped body and the side wall of the rigid cup-shaped body, the connecting portion defining a peripheral boundary of the compartment (as shown in Fig. 3).
Regarding claim 21, Hodgson discloses an outer surface (at 12) of the refill unit is capable of mating with an internal surface (interior surface of vertical wall of 42) of the casing.
Regarding claim 26, Hodgson discloses the casing comprises plastic.
Regarding claim 28, Hodgson discloses the compartment is capable of receiving an product for oral consumption following use of the product for oral consumption.
Regarding claim 32, Hodgson discloses the rigid cup-shaped body of the refill unit further comprises a connecting portion (at 14 in Fig. 3) extending between the bottom wall of the rigid cup-shaped body and the side wall of the rigid cup- shaped body, the connecting portion defining a peripheral boundary of the compartment and wherein the compartment is capable of receiving a product for oral consumption following use of the product for oral consumption.
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 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hodgson et al. (US 8,820,521) as applied to claim 16 above, in view of Dzurik et al. (US 2020/0031540). As described above, Hodgson discloses the claimed invention except for the lid being coupled with the casing by a child resistant closure. However, Dzurik teaches a container (See Fig. 1) comprising a casing (at 22) and a lid (at 50/52), wherein the lid is coupled to the casing by a child resistant closure including locking the lid and casing together by a latch element (at 100) provided in the lid that engages a corresponding groove (at 150) formed in the casing, and the lid is configured such that the latch element is released from engagement with the groove when the lid is rotated relative to the casing into a predefined openable configuration, the lid being movable into the open position when a compressive force is applied on a side surface of the lid when the lid is in the openable configuration, for the purpose of ensuring the container is not opened by children. 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 modified the container of Hodgson to have a child resistant closure mechanism as taught by Dzurik in order to ensure that the container is not openable by a child.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hodgson et al. (US 8,820,521) as applied to claim 16 above, in view of Diker et al. (US 2022/0033169). As described above, Hodgson discloses the claimed invention except for the specific material of the body. However, Diker teaches it is well known in the art for a packaging to be formed from a biodegradable material for the purpose of being environmentally friendly ([0008]). 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 modified the body of Hodgson to be formed from a biodegradable material as taught by Diker in order to be more environmentally friendly.
Allowable Subject Matter
Claims 17, 20, 22, 29-31 and 33 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.
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.
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 Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
Prosecution Insights