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 .
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.
Claim(s) 1-3,5-11,13-17,19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siwek US 5,071,033 in view of Galer US 2007/0248656 and Hass US 3,845,882.
Siwek discloses A spring-loaded nicotine pouch dispenser, comprising:
(Re claim 1) “a body including an upper body section and a lower body section, wherein the upper body section includes a cutout on a top face of the upper body section wherein the cutout includes at least one retention prong” (20,16 figure 2). “wherein the lower body section includes at least one hinge“ (22,23 figure 2). “a plate installed below the cutout and the at least one retention prong” (26,12 figure 2). “a cap attached to the body by the at least one hinge and a pin” (11,29,30 figure 2). “at least one cylindrical extension protruding from the plate” (12,27 figure 2). “at least one spring mounted between the bottom … and the plate and positioned around the at least one cylindrical extension” (13,27 figure 2,3).
Siwek does not disclose a bottom seal attached to a bottom end of the body nor that the spring-loaded nicotine pouch dispenser is operable to store a nicotine pouch and
further operable to dispense the nicotine pouch.
Galer teaches disclose that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch (1 figure 1, ‘nicotine’ claim 9).
It would have been obvious to one skilled in the art to modify the system of Siwek to include that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch because it expands the market for the dispenser by using It for a greater number of dosage forms.
Hass teaches a bottom seal attached to a bottom end of the body (7, 17 figure 1,4).
It would have been obvious to one skilled in the art to modify the system of Siwek to include a bottom seal attached to a bottom end of the body because it makes the system easier to load and assemble.
(Re claim 2) Siwek does not disclose that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining process.
Hass teaches that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining (7,17 figure 1,4).
It would have been obvious to one skilled in the art to modify the system of Siwek to include that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining makes the system easier to load and assemble.
(Re claim 3) “at least one second hinge is mounted on a backside of the lower body section” (23,24 figure 2).
(Re claim 5). “the spring-loaded nicotine pouch dispenser is formed of materials including plastic, metal, and/or fiber-reinforced composite” (col 3 lines 15-26).
(Re claim 6) “the cap includes a lip protruding from a body of the cap” (32,33 figure 3,4).
(Re claim 7) “the bottom seal includes at least one additional cylindrical extension, wherein the at least one additional cylindrical extension retains the at least one spring on the bottom seal” (13,18 figure 3,4).
(Re claim 8) Siwek does not disclose that the dispenser is formed by injection molding.
Hass teaches that the dispenser is formed by injection molding (col 4 lines 11-18).
It would have been obvious to one skilled in the art to modify the dispenser of siwek to include that the dispenser is formed by injection molding because it allows the parts to be produced inexpensively.
Siwek discloses a system for dispensing nicotine pouches, comprising:
(Re claim 9) “a spring-loaded nicotine pouch dispenser, including: a body including an upper body section and a lower body section, wherein the upper body section includes a cutout on a top face of the upper body section” (16 figure 2). “wherein the cutout includes at least one retention prong” (20,16 figure 2). “wherein the lower body section includes at least one hinge” (22, 23 figure 2). “a plate installed below the cutout and the at least one retention prong” (26,12 figure 2). “a cap attached to the body by the at least one hinge and a pin” (11,29,30 figure 2). “at least one cylindrical extension protruding from the plate” (12,27 figure 2). “at least one spring mounted between the bottom … and the plate and positioned around the at least one cylindrical extension” (13,27 figure 2,3).
Siwek does not disclose a bottom seal attached to a bottom end of the body nor that the spring-loaded nicotine pouch dispenser is operable to store a nicotine pouch and
further operable to dispense the nicotine pouch.
Galer teaches disclose that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch (1 figure 1, ‘nicotine’ claim 9).
It would have been obvious to one skilled in the art to modify the system of Siwek to include that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch because it expands the market for the dispenser by using It for a greater number of dosage forms.
Hass teaches a bottom seal attached to a bottom end of the body (7, 17 figure 1,4).
It would have been obvious to one skilled in the art to modify the system of Siwek to include a bottom seal attached to a bottom end of the body because it makes the system easier to load and assemble.
(Re claim 10) Siwek does not disclose that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining process.
Hass teaches that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining (7,17 figure 1,4).
It would have been obvious to one skilled in the art to modify the system of Siwek to include that the bottom seal is attached to the body through welding, plastic welding, adhesives, screws, latches, or other permanent or semi-permanent joining makes the system easier to load and assemble.
(Re claim 11) “at least one second hinge is mounted on a backside of the lower body section” (22,23 figure 2).
(Re claim 13) “the spring-loaded nicotine pouch dispenser is formed of materials including plastic, metal, and/or fiber-reinforced composite” (col 3 lines 15-26).
(Re claim 14) “the cap includes a lip protruding from a body of the cap” (32,33 figure 3,4).
(Re claim 15) “the bottom seal includes at least one additional cylindrical extension, wherein the at least one additional cylindrical extension is operable to retain the at least one spring” (18 figure 3,4).
(Re claim 16). Siwek does not disclose that the dispenser is formed by injection molding.
Hass teaches that the dispenser is formed by injection molding (col 4 lines 11-18).
It would have been obvious to one skilled in the art to modify the dispenser of siwek to include that the dispenser is formed by injection molding because it allows the parts to be produced inexpensively.
Siwek discloses a spring-loaded nicotine pouch dispenser, comprising:
(Re claim 17) “a body including an upper body section and a lower body section, wherein the upper body section includes a cutout on a top face of the upper body section, wherein the cutout includes at least one retention prong” (20,16 figure 2). “wherein the lower body section includes at least one hinge” (22,23 figure 2). a plate installed below the cutout and the at least one retention prong” (26,12 figure 2). “a cap attached to the body by the at least one hinge and a pin” (11,29,30 figure 2). “the cap includes a lip protruding from a body of the cap” (32,33 figure 3,4). “at least one cylindrical extension protruding from the plate” (12,27 figure 2). “at least one spring mounted between the bottom … and the plate and positioned around the at least one cylindrical extension” (13,27 figure 2,3).
Siwek does not disclose a bottom seal attached to a bottom end of the body nor that the spring-loaded nicotine pouch dispenser is operable to store a nicotine pouch and
further operable to dispense the nicotine pouch.
Galer teaches disclose that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch (1 figure 1, ‘nicotine’ claim 9).
It would have been obvious to one skilled in the art to modify the system of Siwek to include that the spring-loaded nicotine pouch dispenser is configured to store a nicotine pouch and is further configured to dispense the nicotine pouch because it expands the market for the dispenser by using It for a greater number of dosage forms.
Hass teaches a bottom seal attached to a bottom end of the body (7, 17 figure 1,4).
It would have been obvious to one skilled in the art to modify the system of Siwek to include a bottom seal attached to a bottom end of the body because it makes the system easier to load and assemble.
(Re claim 19) “the bottom seal includes at least one additional cylindrical extension, wherein the at least one additional cylindrical extension retains the at least one spring on the bottom seal” (18 figure 3).
(Re claim 20) “the spring-loaded nicotine pouch dispenser is formed of materials including plastic, metal, and/or fiber-reinforced composite” (col 3 lines 15-26).).
19
Claim(s) 4,12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siwek/Galer/Hass in view of Evans US 2014/0069829.
Siwek/Galer/Hass discloses the system as rejected above.
Siwek/Galer/Hass does not disclose at least one gasket.
Evans teaches at least on gasket (‘gasket’ para 0040).
It would have been obvious to one skilled in the art to modify the system of Siwek/Galer/Hass to include at least one gasket because it enhances the seal preventing the entry of moisture or other contaminants.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655