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 .
This office action is in response to the reply filed on 1/27/2026, wherein no claims were amended and claims 31-32 were added. Claims 16-32 are pending.
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, 25, 26, 28 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pagneux et al. (US 2023/0103213).
Regarding claim 16, Pagneux discloses a refillable container (See Figs. 1 and 3) capable of being used with a product for oral consumption, the refillable container comprising: a refill unit (at 3); a casing (at 2) having an access opening (top opening in 2 as shown in Fig. 1) at a top end of the casing, the casing being configured to removably receive the refill unit through the access opening (as shown in Fig. 3); and a lid (at 4) movable between a closed position (as shown in Fig. 3) in which the lid occludes the access opening and an open position (as shown in Fig. 1) 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 comprising a bottom wall (at 30 in Fig. 3) and a side wall (at 31 in Fig. 3), the rigid cup-shaped body defining an internal receptacle (within 31) capable of accommodating a product for oral consumption, and wherein the bottom wall of the rigid cup-shaped body comprises a downwardly concave portion (see concave portion at bottom surface of 30 in Fig. 3), such that when the refill unit is received inside the casing a compartment (gap between 30 and 21 in Fig. 3) is defined between the downwardly concave portion and a bottom wall (at 21 in Fig. 3) of the casing.
Regarding claim 18, Pagneux discloses the rigid cup- shaped body of the refill unit further comprises a lip portion (at 34) extending outwardly from an upper edge (at 37) 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 (See Fig. 3).
Regarding claim 19, Pagneux discloses the rigid cup- shaped body of the refill unit further comprises a connecting portion (bottom corner portion between 31 and 30 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.
Regarding claim 25, Pagneux discloses the refill unit further comprises a seal (at 40) at a top end of the rigid cup-shaped body, the seal being peelable to reveal the internal receptacle.
Regarding claim 26, Pagneux discloses the casing comprises plastic.
Regarding claim 28, Pagneux discloses the compartment is capable of receiving a product for oral consumption following use of the product for oral consumption.
Regarding claim 32, Pagneux discloses the rigid cup-shaped body of the refill unit further comprises a connecting portion (curved wall portion between the side wall 31 and the bottom wall 30 of 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 (e.g. a small amount) following use of the product for oral consumption.
Claims 16-21, 25-26, 28-29 and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bulla (US 10,829,271).
Regarding claim 16, Bulla discloses a refillable container (See Figs. 1 and 8) capable of holding a product for oral consumption, the refillable container comprising: a refill unit (at 102); a casing (at 106) having an access opening (top opening of 106) at a top end of the casing, the casing being capable of removably receiving the refill unit through the access opening; and a lid (at 108) 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 comprising a bottom wall (bottom flat wall at the bottom of 102 in Fig. 8) and a side wall (at reference numeral 102 in Fig. 8), the rigid cup-shaped body defining an internal receptacle (cavity within 102) capable of accommodating a product for oral consumption, and wherein the bottom wall of the rigid cup-shaped body comprises a downwardly concave portion (concave portion at the center of the bottom of 102 in Fig. 8, directly above reference numeral 803), such that when the refill unit is received inside the casing a compartment (gap between the concave bottom of 102 and the top of 803 in Fig. 8) is defined between the downwardly concave portion and a bottom wall (at 803) of the casing.
Regarding claim 17, Bulla discloses a further access opening (at 801/802 in Fig. 1 and also shown in Fig. 8) formed through the bottom wall of the casing and a further lid (at 110) movable between a closed position (as shown in Fig. 8) in which the further lid occludes the further access opening and an open position (as shown in Fig. 1) in which the further lid is displaced to reveal the further access opening and enable access to the compartment.
Regarding claim 18, Bulla discloses the rigid cup-shaped body of the refill unit further comprises a lip portion (at 201) extending outwardly from an upper edge 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. 8).
Regarding claim 19, Bulla discloses the rigid cup-shaped body of the refill unit further comprises a connecting portion (bottom corner portion between the side wall and bottom wall of 102) 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.
Regarding claim 20, Bulla discloses the connecting portion abuts the bottom wall of the casing when the refill unit is received into the casing through the access opening.
Regarding claim 21, Bulla discloses an outer surface of the refill unit is configured to mate with an internal surface of the casing (See the bottom surface of 102 and the top surface of 110 in Fig. 8).
Regarding claim 25, Bulla discloses the refill unit further comprises a seal (104/112) at a top end of the rigid cup-shaped body, the seal being peelable to reveal the internal receptacle.
Regarding claim 26, Bulla discloses the casing comprises plastic.
Regarding claim 28, Bulla discloses the compartment is capable of receiving a product for oral consumption following use of the product for oral consumption.
Regarding claim 29, Bulla discloses the lid and the further lid differ from one another in size.
Regarding claim 31, Bulla discloses a further access opening (opening between 801 and 802 in Fig. 8) formed through the bottom wall of the casing and a further lid (at 110 in Fig. 8) movable between a closed position (as shown in Fig. 8) in which the further lid occludes the further access opening and an open position (as shown in Fig. 1) in which the further lid is displaced to reveal the further access opening and enable access to the compartment and wherein the compartment is capable of receiving a product for oral consumption (e.g. a small amount) following use of the product for oral consumption.
Regarding claim 32, Bulla discloses the rigid cup-shaped body of the refill unit further comprises a connecting portion (curved wall portion between the vertical side wall and the horizontal bottom wall of 102 in Fig. 8) 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 (e.g. a small amount) 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 Pagneux et al. (US 2023/0103213) as applied to claim 16 above, in view of Dzurik et al. (US 2020/0031540). As described above, Pagneux 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 Pagneux 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 Pagneux et al. (US 2023/0103213) as applied to claim 16 above, in view of Diker et al. (US 2022/0033169). As described above, Pagneux 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 Pagneux to be formed from a biodegradable material as taught by Diker in order to be more environmentally friendly.
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Bulla (US 10,829,271) as applied to claim 16 above, in view of Dzurik et al. (US 2020/0031540). As described above, Bulla 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 Bulla 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 Bulla (US 10,829,271) as applied to claim 16 above, in view of Diker et al. (US 2022/0033169). As described above, Bulla 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 Bulla to be formed from a biodegradable material as taught by Diker in order to be more environmentally friendly.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Bulla (US 10,829,271) as applied to claim 17 above, in view of Wattenbarger et al. (US 8,469,187). As described above, Bulla discloses the claimed invention except for the indicium. However, Wattenbarger teaches it is well known to provide the top surface (at 22) of a container with indicium (at 21A/21B) for the purpose of providing the user with a name or logo. 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 provided the top surface (lid) of Bulla with indicium as taught by Wattenbarger in order to provide the user with a name or logo.
Allowable Subject Matter
Claim 22 is 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
Applicant's arguments filed 1/27/2026 have been fully considered but they are not persuasive.
Applicant argues that neither Pagneux nor Bulla discloses or suggests a refill unit having a downwardly concave portion as defined in present application. The bottom walls of the "refill unit" in Pagneux and Bulla seem to have a curved upper surface, however it cannot be determined from these drawings that there is a concave portion that superiorly delimits a volume external to the refill unit or whether the bottom surface of the bottom wall is flat. Moreover, neither Pagneux nor Bulla discloses or suggests that a compartment is defined between a downwardly concave portion and a bottom wall of the casing. For example, there is no compartment defined between the wall 30 and 21 in Pagneux.
Contrary to Applicant’s argument, as shown in Figs. 3-5 of Pagneux, the bottom wall of the refill unit 3 has a downwardly concave portion (see concave portion at bottom surface of 30 in Fig. 3, also shown at the center circle within 3 in Fig. 4 and at the bottom of elements 3 in Fig. 5 – See also Figures 3 and 5 labeled below), such that when the refill unit is received inside the casing a compartment (gap between 30 and 21 in Fig. 3) is defined between the downwardly concave portion and a bottom wall (at 21 in Fig. 3) of the casing.
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Furthermore, as shown in Figs. 2 and 8 of Bulla, the bottom wall of the refill unit (102) has a downwardly concave portion (See Figures 2 and 8 labeled below), such that when the refill unit is received inside the casing a compartment (gap between the concave bottom of 102 and the top of 803 in Fig. 8 – See Fig. 8 labeled below) is defined between the downwardly concave portion and a bottom wall (at 801/802/803) of the casing.
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Applicant argues that neither Pagneux nor Bulla discloses or suggests the subject matter of new claims 31 and 32. Regarding Applicant’s argument, see pages 3 and 5-6 above for the rejection of claims 31 and 32.
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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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