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 .
Election/Restrictions
Applicant’s election without traverse of Species III in the reply filed on 9 March 2026 is acknowledged.
Claims 7, 18, 21, 24, and 31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9 March 2026.
Drawings
The drawings are objected to for failing to comply with 37 C.F.R. 1.84 (p)(3) because numbers, letters, and reference characters should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct. See MPEP 608.02 V. See at least figure 42, 43, 45, 60, 61.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "5012" and "2102" have both been used to designate lid protrusion.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "5104", “5140”, and "4104" have both been used to designate longitudinal rib.
The drawings are objected to because 4020 is not directed to the vertical axis as disclosed in figure 54.
The drawings are objected to because 4004 is not directed to the lid as disclosed in figure 56-57.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "44220" and "4220" have both been used to designate first direction.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "4502" and "4205" have both been used to designate lip.
The drawings are objected to because 4044 is not directed to the top lid surface as disclosed in figure 61.
The drawings are objected to because 4200 is not directed to the interior region as disclosed in figure 48-49.
The drawings are objected to because 4526 is not directed to the open side providing clearance for lid as disclosed in figure 45.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 5012, 5024, 5140, 44220, 4205. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 23 and 28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 23 recites the limitation "the at least a portion" in line 4. There is insufficient antecedent basis for this limitation in the claim.
The limitation of claim 28 of “high-density polyethylene, polypropylene, or both high-density polyethylene and polypropylene, or any combination thereof” is led to be indefinite. As the limitation already includes high-density polyethylene, polypropylene, and both high-density polyethylene and polypropylene, it is unclear what would be covered by “or any combination thereof”. It does not appear that this would cover any additional options other than those already listed.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5, 8-10, 23, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey (US 8096411).
Claim 1: Bailey discloses a container 10 comprising: an inner tray 28 (base) including, a first wall, and a second wall cooperating with the first wall to at least partially define a storage area, the second wall including, a locking tab 42 (first flexible tab) configured to be moved between a first relaxed position and a first flexed position by application of a first force in a first direction; and an outer casing 12 (lid) including, a third wall including, a button 40 (second flexible tab) configured to be moved between a second relaxed position and a second flexed position, the container 10 movable between a closed and locked position and an open and unlocked position, in the closed and locked position, the locking tab 42 (first flexible tab) is in the first relaxed position, the button 40 (second flexible tab) is in the second relaxed position, and the locking tab 42 (first flexible tab) is configured to engage the outer casing 12 (lid) so as to retain the container 10 in the closed and locked position, and the container 10 is configured to be moved from the closed and locked position to the open and unlocked position by applying a second force to the outer casing 12 (lid) in a second direction different from the first direction while the locking tab 42 (first flexible tab) is in the first flexed position (see annotated fig. 3, 6, and 7 below).
PNG
media_image1.png
364
277
media_image1.png
Greyscale
PNG
media_image2.png
294
552
media_image2.png
Greyscale
PNG
media_image3.png
324
490
media_image3.png
Greyscale
Claim 2: Bailey discloses wherein the second direction is perpendicular to the first direction (see fig. 3 where the first direction is into the page and the second direction is toward the bottom of the page).
Claim 3: Bailey discloses wherein the outer casing 12 (lid) is configured to be translated with respect to the inner tray 28 (base).
Claim 4: Bailey discloses wherein the locking tab 42 (first flexible tab) includes a second segment 54 & ribs 62 (first protrusion) that engages the outer casing 12 (lid) (see fig. 7).
Claim 5: Bailey discloses wherein the inner tray 28 (base) includes the second segment 54 & ribs 62 (first protrusion) and the outer casing 12 (lid) includes a projection 46 (second protrusion) (see fig. 5 & 7).
Claim 8: Bailey discloses wherein a surface of the second segment 54 & ribs 62 (first protrusion) defines a rib 62 (ramp) (see fig. 7).
Claim 9: Bailey discloses wherein the outer casing 12 (lid) includes a projecting lip 64 (stop protrusion) configured to engage the inner tray 28 (base) so as to limit movement of the outer casing 12 (lid) in the second direction with respect to the inner tray 28 (base) (see fig. 4).
Claim 10: Bailey discloses wherein the locking tab 42 (first flexible tab) includes a second segment 54 (first protrusion), the outer casing 12 (lid) includes a projection 46 (second protrusion), and the projection 46 (second protrusion) is configured to engage the second segment 54 (first protrusion) so as to limit movement of the outer casing 12 (lid) in the second direction with respect to the inner tray 28 (base) (see fig. 5 & 7).
Claim 23: Bailey discloses wherein the inner tray 28 (base) includes, a bottom wall, a peripheral wall including the first wall, and an intermediate wall including the second wall, the at least a portion of the intermediate wall parallel to the bottom wall (see annotated fig. 6-7 above).
Claim 25: Bailey discloses wherein the storage area of the inner tray 28 (base) is configured to receive a plurality of oral products.
Claim(s) 1-4, 9, 15, 16, 22, 23, 25, and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gelardi (US 20090266837).
Claim 1: Gelardi discloses a container 10 comprising: a dispensing tray 14 (base) including, a first wall, and a second wall cooperating with the first wall to at least partially define a storage compartment 22 (storage area), the second wall including, a second movable flap 44 (first flexible tab) configured to be moved between a first relaxed position and a first flexed position by application of a first force in a first direction; and an outer casing body 12 (lid) including, a third wall including, a moveable flap 26 (second flexible tab) configured to be moved between a second relaxed position and a second flexed position, the container 10 movable between a closed and locked position and an open and unlocked position, in the closed and locked position, the second movable flap 44 (first flexible tab) is in the first relaxed position, the moveable flap 26 (second flexible tab) is in the second relaxed position, and the second movable flap 44 (first flexible tab) is configured to engage the outer casing body 12 (lid) so as to retain the container 10 in the closed and locked position, and the container 10 is configured to be moved from the closed and locked position to the open and unlocked position by applying a second force to the outer casing body 12 (lid) in a second direction different from the first direction while the second movable flap 44 (first flexible tab) is in the first flexed position (see annotated fig. 5 below and fig. 1-2).
PNG
media_image4.png
654
527
media_image4.png
Greyscale
Claim 2: Gelardi discloses wherein the second direction is perpendicular to the first direction (see fig. 3 where the first direction is into the moveable flap 26 (see fig. 3)
Claim 3: Gelardi discloses wherein the outer casing body 12 (lid) is configured to be translated with respect to the dispensing tray 14 (base) (see fig. 3).
Claim 4: Gelardi discloses wherein the outer casing body 12 (lid) includes a protrusion 48 (first protrusion) that engages the second movable flap 44 (first flexible tab) (see fig. 5).
Claim 9: Gelardi discloses wherein the outer casing body 12 (lid) includes a blocking member 24 (stop protrusion) configured to engage the dispensing tray 14 (base) so as to limit movement of the outer casing body 12 (lid) in the second direction with respect to the dispensing tray 14 (base) (see fig. 6).
Claim 15: Gelardi discloses wherein the dispensing tray 14 (base) includes a top portion 38 (first component) including the first wall and a bottom portion 36 (second component) including the second wall (see annotated fig. 5 above).
Claim 16: Gelardi discloses wherein the top portion 38 (first component) defines a plurality of connecting elements 50 (protrusions), the other of the first component and the bottom portion 36 (second component) defines a plurality of connective elements 42 (receptacles), and the plurality of connecting elements 50 (protrusions) are in the plurality of connective elements 42 (receptacles), respectively, to couple the bottom portion 36 (second component) to the top portion 38 (first component) (see fig. 5 and 6).
Claim 22: Gelardi discloses wherein the second movable flap 44 (first flexible tab) includes a first fixed end and a first free end, the first free end in the second direction with respect to the first fixed end, and the moveable flap 26 (second flexible tab) includes a second fixed end and a second free end, the second free end in the second direction with respect to the second fixed end (see fig. 3).
Claim 23: Gelardi discloses wherein the dispensing tray 14 (base) includes, a bottom wall, a peripheral wall including the first wall, and an intermediate wall including the second wall, the at least a portion of the intermediate wall parallel to the bottom wall (see annotated fig. 5 above).
Claim 25: Gelardi discloses wherein the storage compartment 22 (storage area) of the dispensing tray 14 (base) is configured to receive a plurality of oral products (see fig. 5).
Claim 27: Gelardi discloses wherein container 10, and therefore the dispensing tray 14 (base) and the outer casing body 12 (lid) include a polymer (see P. 0060).
Claim(s) 1, 4-6, 12-14, 17, and 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lai (US 8397934).
Claim 1: Lai discloses a padlock container structure (container) comprising: a container box 10 and external cover 20 (base) including, a first wall, and a platform 23 (second wall) cooperating with the first wall to at least partially define a storage area, the second wall including, a long elastic piece 27 (first flexible tab) configured to be moved between a first relaxed position and a first flexed position by application of a first force in a first direction; and a sliding cover 30 and hangtag 40 (lid) including, a rod body 42 (third wall) including, a flexible hanger 43 (second flexible tab) configured to be moved between a second relaxed position and a second flexed position, the padlock container structure (container) movable between a closed and locked position and an open and unlocked position, in the closed and locked position, the long elastic piece 27 (first flexible tab) is in the first relaxed position, the flexible hanger 43 (second flexible tab) is in the second relaxed position, and the long elastic piece 27 (first flexible tab) is configured to engage the sliding cover 30 and hangtag 40 (lid) so as to retain the padlock container structure (container) in the closed and locked position, and the padlock container structure (container) is configured to be moved from the closed and locked position to the open and unlocked position by applying a second force to the sliding cover 30 and hangtag 40 (lid) in a second direction different from the first direction while the first flexible tab is in the long elastic piece 27 (first flexible tab) after the flexible hanger 43 (second flexible tab) has been displaced above a through hole 24 (see annotated fig. 5 below and fig. 1).
PNG
media_image5.png
717
433
media_image5.png
Greyscale
Claim 4: Lai discloses wherein the long elastic piece 27 (first flexible tab) includes a circular protrusion portion 271 (first protrusion) that engages the sliding cover 30 and hangtag 40 (lid) (see fig. 9).
Claim 5: Lai discloses wherein the container box 10 and external cover 20 (base) includes the circular protrusion portion 271 (first protrusion) and the sliding cover 30 and hangtag 40 (lid) includes a concave line 36 (second protrusion) (see fig. 1).
Claim 6: Lai discloses wherein the circular protrusion portion 271 (first protrusion) defines a circular perimeter (see fig. 1).
Claim 12: The combination discloses wherein the container box 10 and external cover 20 (base) defines a channel 26, and the channel 26 receives a convex wing 32 (at least a portion) of the sliding cover 30 and hangtag 40 (lid) (see fig. 1).
Claim 13: The combination discloses wherein the container box 10 and external cover 20 (base) further includes a ridge, and the ridge cooperates with the platform 23 (second wall) to at least partially define the channel 26 (see annotated fig. 5 above).
Claim 14: The combination discloses wherein the sliding cover 30 and hangtag 40 (lid) further includes a convex wing 32 (flange), the convex wing 32 (flange) at least partially in the channel 26 (see fig. 6).
Claim 17: The combination discloses wherein the sliding cover 30 and hangtag 40 (lid) defines a protrusion portion 33 (raised portion) configured to receive the second force in the second direction (see fig. 1).
Claim 25: The combination discloses wherein the storage area of the container box 10 and external cover 20 (base) is configured to receive a plurality of oral products.
Claim 26: The combination discloses wherein the platform 23 (second wall) of the container box 10 and external cover 20 (base) defines a shaped hole 25 designed as a rectangular hole (rectangular opening) to provide access to the storage area (see C. 4 L. 57-60).
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.
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) 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gelardi (US 20090266837) as applied to claim 27 above, and further in view of Layos (US 20190359393).
Claim 28: Gelardi does not disclose wherein the polymer includes high-density polyethylene, polypropylene, or both high-density polyethylene and polypropylene, or any combination thereof.
Layos teaches a polymer in the form of a polypropylene with an 8-20 wt. % of talc filler (see P. 0095).
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 dispensing tray 14 (base) and the outer casing body 12 (lid) to be made of a polymer in the form of a polypropylene with an 8-20 wt. % of talc filler, as taught by Layos, due to polypropylenes low weight, chemical and moisture resistance, non-toxicity, and recyclability, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 29: The combination discloses wherein the dispensing tray 14 (base) and the outer casing body 12 (lid) further include a talc filler (filler) in an amount ranging 8-20 wt. % which overlaps with the claimed range of 10 weight percent to 40 weight percent (see P. 0059 ‘393).
Claim 30: The combination discloses wherein the filler includes talc (see P. 0059 ‘393).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gelardi (US 20090266837) as applied to claim 1 above, and further in view of Angelucci (US 20090283437).
Claim 19: Gelardi does not disclose wherein the second flexible tab defines a recess.
Angelucci teaches an enclosure 100 having pressure grips 112 and 114 which have a recess within an outer perimeter and three parallel protrusions (see fig. 1).
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 moveable flap 26 (second flexible tab) to have a recess within its outer perimeter and three parallel protrusions, as taught by Angelucci, in order to provide a better engagement surface for a users digit.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gelardi (US 20090266837) as applied to claim 1 above, and further in view of Maietta (US 20060006091).
Claim 20: Gelardi does not disclose wherein the second flexible tab includes an indicium.
Maietta teaches an upper tab 24a having an ornamental design such as a star or a target (indicium) applied to its outer surface to direct the user’s attention to the location of the upper tab 24a (see fig. 8).
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 moveable flap 26 (second flexible tab) to have a star or a target (indicium), as taught by Maietta, in order to direct the user’s attention to the location of the moveable flap 26 (second flexible tab).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 8096411).
Claim 11: Bailey discloses wherein the outer casing 12 (lid) includes a plurality of projections 46 (second protrusions) including the projection 46 (second protrusion),
Bailey does not disclose wherein the first flexible tab includes a plurality of first protrusions including the first protrusion or each of the plurality of second protrusions being configured to engage a respective one of the plurality of first protrusions so as to limit movement of the lid in the second direction with respect to the base.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the locking tab 42 (first flexible tab) with a plurality of second segments 54 (first protrusions) second segments 54 (first protrusions) positioned to respectively engage the projections 46 (second protrusions) instead of a single second segment 54 (first protrusion) since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179 and additionally since 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20110011765, US 20080283434, US 20070102318, and US 7802677 are considered pertinent to a protrusion defining a circular perimeter.
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.
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, 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.
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.
/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736
Prosecution Insights