`
`
`
`Exhibit A
`
`
`
`
`Case 1:20-cv-00472-NCT-JLW Document 1-1 Filed 05/28/20 Page 1 of 24
`
`

`

`US007798319B1
`
`(12) United States Patent
`US 7,798,319 B1
`(10) Patent N0.:
`
`Bried et al.
`(45) Date of Patent:
`Sep. 21, 2010
`
`(54) CONTAINER DEVICE FOR TOBACCO
`ARTICLES
`
`5,752,599 A *
`5,791,473 A *
`6,170,490 B1 *
`
`5/ 1998 Veltman ..................... 206/242
`8/1998 Decker et al.
`...... 206/407
`
`l/2001 Barrow ....................... 206/246
`
`(75)
`
`Inventors: David Karl Bried, Brentwood, TN (US);
`James Arthur Strickland,
`mamm-
`Nielsen, Madison, TN (US); Frank
`ScottAtchleys Nasthlles TN (US);
`Lamar Eugene Walters, II, Brentwood,
`TN (US); Gregory A. Pace, Nunnelly,
`TN (US)
`
`(73) Assignee: U.S. Smokeless Tobacco Company,
`Richmond VA (US)
`’
`Subject to any disclaimer, the term Ofthls
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 318 days.
`
`( * ) Notice:
`
`(21) Appl. N0.: 12/046,051
`
`13460592 S
`D464,886 S
`3:13:32:
`D512,636 S
`D513,386 s
`D514,936 s
`D515,426 S
`D515,439 S
`D515,928 S
`
`7/2002 Camberbatch
`10/2002 Bried et al.
`13/533: ,1 ,1
`12/2005 Pace
`1/2006 Pace et a1.
`2/2006 Pace et al.
`2/2006 Pace et al.
`2/2006 Pace et al.
`2/2006 Pace
`
`6/2006 Bried 6t 31.
`13523752 S
`10/2006 Bried et a1.
`D531,036 s
`4/2007 Bried
`D54l,l76 S
`3/2006 Delcr01x et al.
`2006/0054626 1A1)!<
`OTHER PUBLICATIONS
`
`.......... 220/366.1
`
`Sample images ofMeguiar’s Car Wax container (metal container and
`lid), manufactured by J. L. Clark (Rockford, IL), date unknown.
`Sample images of rectangular metal container and lid, manufactured
`
`by Keenpack Industires, Ltd., date unknown.
`Sample image ofpartial lid insert for canningjar (brand: Ball Regular
`Dome Lids), manufactured by Alltrista Corp. (Muncie, IN), date
`unknown.
`Sample image ofpartial lid insert for canningjar(brand: Kerr Regular
`Mouth Lids f0r Preserving) distributed by Hearthmark LLC (Muncie,
`IN), date unknown.
`*
`'t d b
`.
`Cl e
`y exammer
`Primary ExamineriLuan K Bui
`(74) Attorney, Agent, or FirmiFish & Richardson PC.
`
`ABSTRACT
`(57)
`Some embodiments of a tobacco product package device can
`be used to enhance freshness and other characteristics of
`tobacco products or other products contained therein. Certain
`features can improve product freshness both during shelflife
`-
`and dunng consumer “56'
`
`26 Claims, 11 Drawing Sheets
`
`(22)
`
`(51)
`
`Mar. 11 2008
`3
`
`Filed‘
`.
`Int Cl
`'
`I
`(200601)
`B65D 85/10
`(52) US. Cl.
`....................... 206/242; 206/265; 131/352;
`215/307; 215/352; 220/366.1; 220/378
`(58) Field of Classification Search ................. 206/242,
`206/265, 270, 459.5; 131/352; 220/203.16,
`220/3101, 360, 366.1, 378, 796; 215/307,
`215/321, 341, 348, 352, 45
`See application file for complete search history.
`References Cited
`U.S. PATENT DOCUMENTS
`_
`3,445,023 A :
`5/1969 GleSSICT et 3L ------------- 215/352
`
`2433393(1) 2 * 313$ :05? """""""""""" 215/30;
`,
`,
`...................
`0y
`4,646,933 A *
`3/1987 Jurczenia et a1.
`......... 220/3661
`5,443,853 A
`8/1995 Hayes
`5,686,127 A * 11/1997 Stockley et al.
`
`(56)
`
`............. 220/378
`
`
`
`Case 1:20-cv-00472-NCT-JLW Document 1-1 Filed 05/28/20 Page 2 of 24
`Case 1:20-cv-OO472-NCT-JLW Document 1-1 Filed 05/28/20 Page 2 of 24
`
`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 1 of 11
`
`US 7,798,319 B1
`
`
`
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`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 2 of 11
`
`US 7,798,319 B1
`
`
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`

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`US. Patent
`
`Sep. 21, 2010
`
`Sheet 3 of 11
`
`US 7,798,319 B1
`
`149\
`
`141
`
`132
`
`120
`
`Fig. 4
`
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`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 4 of 11
`
`US 7,798,319 B1
`
`
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`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 5 of 11
`
`US 7,798,319 B1
`
`161
`
`Forming 3 Tobacco Article Container te Define an lnterier
`Space
`
`Curing the Gasket Materiel Deposited on the Lid to Ferm
`a Gasket Structure
`
`1655
`
`Providing the Tobacco Artieie Centeiner and the Lid te 8
`Packaging System
`
`166
`
`167
`
`Depeeiting e Predetermined Ameunt of a Tebaeee
`Precinct into the Interior Space of the Container
`
`
`
`
`Securing the Lid to the Container 30 that the Gasket
`Structure Abute a Connectien Rim of the Centeiher te
`
`
`
`Ferrn e Moisture Barrier
`
`
`Attaching 3 Label to the Centeiner and Lid and Marking
`lndieia of Date Information
`
`169
`
`Bundiing the Centainer (with the Lid Secured thereto)
`
`with Similariy Packaged Containers
`
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`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 6 of 11
`
`US 7,798,319 B1
`
`
`
`Fifi ?A
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`

`U.S. Patent
`
`Sep.21,2010
`
`Sheet7of11
`
`US 7,798,319 B1
`
`244
`
`122
`
`
`
`Fm. ?8
`
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`US. Patent
`
`Sep. 21, 2010
`
`Sheet 8 of 11
`
`US 7,798,319 B1
`
`
`
`230
`
`232
`
`23? "F“
`
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`

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`US. Patent
`
`Sep. 21, 2010
`
`Sheet 9 of 11
`
`US 7,798,319 B1
`
`240
`
` Fm, 163
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`

`

`US. Patent
`
`Sep. 21, 2010
`
`Sheet 10 of 11
`
`US 7,798,319 B1
`
`Forming 3 Tobacco Artiste Container to Define an
`interior Space
`
`Forming 3 Ltd that has an interior Surface and a
`Skirt Wait
`
`Forming a Gasket having a Liner Structure
`
`Attixing the Gasket to the Interior Surface of the Lid
`
`M64
`
`M65
`
`Providing the Tobacco Article Container and the Lid to 3
`Packaging System
`
`N66
`
`Depositing a Predetermined Amount of Tobacco Product
`into the Interior Space of the Container
`
`N67
`
`Securing the Lid to the Container so that the Gasket
`Structure Abute a Connection Rim of the Container to
`
`Form 3 Moisture Barrier
`
`288~
`
`Attaching e Labei to the Container and Lid and Marking
`indicie of Date information
`
`N69 ‘
`
`Bundiing the Container (with the Lid Secured thereto)
`with Simiieriy Packaged Containers
`
`FIG. 11
`
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`

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`US. Patent
`
`Sep. 21, 2010
`
`Sheet 11 of 11
`
`US 7,798,319 B1
`
`me. 125%,
`
`300\‘
`
`340
`
`350
`
`320
`
`
`
`
`
`”ON
`
`HQ. 123
`
`FEG. ”32$
`
`Case 1:20-cv-00472-NCT-JLW Document 1-1 Filed 05/28/20 Page 13 of 24
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`
`

`

`US 7,798,319 B1
`
`1
`CONTAINER DEVICE FOR TOBACCO
`ARTICLES
`
`TECHNICAL FIELD
`
`This disclosure relates to packaging for consumable
`articles, for example, tobacco product package devices that
`can enhance product freshness and other characteristics of
`tobacco articles contained therein.
`
`BACKGROUND
`
`Some tobacco articles are packaged in containers that pro-
`vide portability for the consumer. The containers may be
`configured to be repeatedly opened and closed for removal of
`selected portions ofthe tobacco articles over a period oftime.
`For example, certain smokeless tobacco articles (e.g., includ-
`ing snuff tobacco) are packaged into containers that are com-
`monly referred to as “cans” or “tins.” Each of the containers
`may join with a lid to store the tobacco articles therein.
`In some circumstances, the smokeless tobacco articles may
`be stored in a manner that permits excessive moisture migra-
`tion into or out ofthe container. For example, particular moist
`snuff tobacco articles may be retained in containers in a
`manner that permits significant migration of moisture out of
`the containers during both the product shelflife and the period
`ofconsumer use. Such moisture egress from the container can
`cause the moist snuff tobacco to lose moisture and suffer a
`
`loss of freshness characteristics as well as negatively impact
`other desirable qualities of the tobacco product.
`SUMMARY
`
`Some embodiments of a tobacco product package device
`can be used to enhance freshness oftobacco products or other
`products contained therein. The tobacco product package
`device can include a gasket arranged between a container and
`a lid so as improve product freshness both during shelf life
`and during consumer use. The gasket may serve as a moisture
`barrier that retains a substantial portion of the moisture char-
`acteristics or other characteristics associated with the tobacco
`
`product freshness in the container. In particular embodi-
`ments, the gasket can provide a non-hermetic seal that pro-
`vides only a limited amount of gas exchange with the ambient
`air, thereby permitting a portion ofthe gaseous pressure in the
`container (e.g., gases arising from biological or chemical
`changes of organic products stored in the container) and
`permitting entrance of a limited amount of oxygen and other
`ambient gases into the package device.
`In particular embodiments, a tobacco product package
`device may include a polymeric container having a bottom
`wall, a generally cylindrical side wall that extends in an axial
`direction from the bottom wall toward a connection rim, and
`a top opening that is at least partially defined by the connec-
`tion rim. The polymeric container may define an interior
`space that is in communication with the top opening. The
`device may also include a moist snuff tobacco product
`arranged in the interior space of the polymeric container. The
`device may further include a metallic lid that releasably
`engages the polymeric container to enclose the moist snuff
`tobacco product in the interior space. The metallic lid may
`include a lid wall that is integral with a skirt. The skirt may
`provide a snap-fit engagement with connection rim. The
`device may also include a resilient gasket affixed to an interior
`surface of the lid wall to provide a moisture barrier and a
`non-hermetic seal between the metallic lid and the polymeric
`container when the metallic lid is releasably engaged with the
`polymeric container.
`
`2
`
`In some embodiments, a tobacco product package device
`may include a container defining an interior space and having
`a bottom wall, a generally cylindrical side wall that extends
`from the bottom wall toward a connection rim. The device
`
`may also include a tobacco product tobacco product for oral
`consumption arranged in the interior space of the container.
`The device may further include a lid that encloses the tobacco
`product in the interior space of the container. The lid may
`include a lid wall that is integral with a skirt. The skirt can be
`releasably engaged with connection rim. The device may also
`include a resilient gasket in engagement with an interior
`surface of the lid wall to provide a moisture barrier and a
`non-hermetic seal between the lid and the container when the
`
`10
`
`15
`
`lid is secured to the container. The resilient gasket may abut
`with the connection rim of the container when the lid is
`secured to the container. The moisture barrier can inhibit the
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`migration of moisture to and from the container when the lid
`is secured to the polymeric container. The non-hermetic seal
`permits gas exchange between ambient air and the interior
`space when the lid is secured to the container.
`Some embodiments described herein include a method of
`
`packaging a tobacco product. The method may include form-
`ing a tobacco product container having an interior space that
`is at least partially defined by a bottom wall, a generally
`cylindrical side wall, and a top opening. The method may also
`include forming a lid that includes lid wall integral with a
`circumferential skirt. The skirt may provide a releasable
`engagement with a connection rim of the tobacco product
`container when the lid is releasably engaged with the tobacco
`product container. The method may further include affixing a
`resilient gasket to an interior surface of the lid wall proximate
`to the skirt. The method may also include depositing a pre-
`determined amount of an orally consumable tobacco product
`in the interior space of the tobacco product container. The
`method may further include securing the lid to the connection
`rim of the tobacco product container so that the resilient
`gasket abuts the connection rim between the lid and the con-
`tainer to form a moisture barrier for the snufftobacco product
`enclosed in the interior space.
`Some embodiments described herein include a method of
`
`operating a tobacco product package device. The method may
`include obtaining a tobacco product package device in a
`closed condition. The package device can include: a generally
`cylindrical container defining an interior space that is in com-
`munication with a top opening, a snuff tobacco product
`arranged in the interior space of the container, a lid having a
`lid wall integral with a skirt that is releasably engaged with a
`connection rim of the container, and a resilient gasket affixed
`to an interior surface of the lid wall and abutting the connec-
`tion rim ofthe container. The method may also include releas-
`ing the lid from the container to adjust the tobacco product
`package device to an opened condition. The method may
`further include removing a portion of the snuff tobacco prod-
`uct from the interior space of the container while the tobacco
`product package device is in the opened condition. The
`method may also include reengaging the lid with the connec-
`tion rim of the container to return the tobacco product pack-
`age device to the closed condition. The resilient gasket affixed
`to the lid wall may abut the connection rim ofthe container to
`provide a moisture barrier for the snuff tobacco product that
`remains in the interior space of the container.
`Some of the embodiments described herein may provide
`one or more of the following advantages. First, the tobacco
`product package device can be used to store an orally con-
`sumed tobacco product (e.g., a snuff tobacco product such as
`moist snuff tobacco) in a manner that enhances the product
`freshness for the end consumer. For example, the tobacco
`
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`

`

`US 7,798,319 B1
`
`3
`product package device can be used to store a moist snuff
`tobacco product in a manner that retains a substantial portion
`of the moisture characteristics of the tobacco product. As
`such, the moist snufftobacco product maintains its moistness
`over a greater period of time, thereby enhancing the product
`freshness and satisfaction for the end consumer. In another
`
`example, the tobacco product package device can be used to
`store a dry tobacco product in a manner that inhibits ingress of
`moisture from the ambient surrounding into the container.
`Second, the tobacco product package device can be used to
`enhance the product freshness both during the product shelf
`life and during the period of consumer usage. In particular,
`the tobacco product package device may be equipped with a
`gasket feature that provides a moisture barrier when the
`tobacco product is packaged and stored throughout the prod-
`uct shelf life. Thus, in the embodiment in which the container
`stores a moist snuff tobacco product, a substantial portion of
`the moisture characteristics are maintained throughout the
`shelf life period. After the period of shelf life, the tobacco
`product package device is opened by a consumer for removal
`and consumption of a portion of the tobacco product. When
`the tobacco product package device is returned to a closed
`condition (e.g., the lid is mated with the container), the gasket
`again serves as a moisture barrier for the remaining tobacco
`product. Accordingly, the tobacco product package device
`can be used to maintain the product freshness and other char-
`acteristics both during the product shelf life and during the
`period of consumer usage.
`Third, the gasket of the tobacco product package device
`can be arranged between a container and a lid to provide a
`non-hermetic seal. In such circumstances, the non-hermetic
`seal can provide a limited amount of gas exchange with the
`ambient air while maintaining control over the egress of
`moisture, volatile flavors, or both (from the orally consumed
`tobacco product) out of the container. For example, in some
`embodiments, the container may retain some natural organic
`products that can at least partially change (biologically or
`chemically) during the product shelf life (when the lid is not
`opened), thereby raising the gaseous pressure in the con-
`tainer. The tobacco product package device can provide the
`non-hermetic seal so that at least some of the evolved gases
`can escape from the container to relieve the pressure therein.
`In addition,
`the non-hermetic seal may permit a limited
`amount of air (e.g., including oxygen) to ingress into the
`container, thereby reducing oxidation of the material therein.
`Thus,
`the gasket can provide a limited amount of gas
`exchange (e.g., egress of evolved gases and ingress of oxy-
`gen) that permits the natural organic products to “breath” and
`thereby reduce the likelihood ofnon-optimal flavors observed
`sometimes during usage. Moreover, the gasket can provide
`the aforementioned gas exchange while continuing to provide
`the moisture barrier for improved control over the egress of
`moisture from the moist snufftobacco product (or the ingress
`of moisture into the dry tobacco products).
`Fourth, the container of tobacco product package device
`may include one or more vent structures arranged proximal to
`the region that joins with the lid. The vent structures can be
`used to at least partially control the limited gas exchange
`provided by the non-hermetic seal.
`Fifth, the components of the tobacco product package
`device (such as the gasket, the lid, and the container) can be
`manufactured using methods that provide high reliability at
`reduced costs. In some embodiments, the gasket can be
`formed and aflixed to the lid in a high-speed manner that is
`suitable for mass production of the tobacco product package
`device.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4
`
`In addition to the exemplary aspects and embodiments
`described above,
`further aspects and embodiments will
`become apparent by reference to the drawings and by study of
`the following descriptions. The details of one or more
`embodiments of the invention are set forth in the accompa-
`nying drawings and the description below. Other features,
`objects, and advantages will be apparent from the description
`and drawings, and from the claims.
`
`DESCRIPTION OF DRAWINGS
`
`Exemplary embodiments are illustrated in the referenced
`figures of the drawings. It is intended that the embodiments
`and figures disclosed herein are to be considered illustrative
`rather than limiting.
`FIGS. 1A-C are perspective views of a tobacco product
`package device, in accordance with some embodiments.
`FIG. 2 is a section view of the tobacco product package
`device of FIGS. 1A-C.
`
`FIG. 3 is a partial cross-sectional view ofa lid and gasket of
`the tobacco product package device of FIGS. 1A-C.
`FIG. 4 is a partial cross-sectional view of a container ofthe
`tobacco product package device of FIGS. 1A-C.
`FIGS. 5A-C are perspective views showing consumer use
`of a tobacco product package device, in accordance with
`some embodiments.
`
`FIG. 6 is a diagram of a process for manufacturing a
`tobacco product package device, in accordance with some
`embodiments.
`
`FIGS. 7A-B are perspective views of a tobacco product
`package device, in accordance with some embodiments.
`FIG. 8 is a section view of the tobacco product package
`device of FIGS. 7A-B.
`
`FIG. 9 is a perspective view of a lid and gasket of the
`tobacco product package device of FIGS. 7A-B.
`FIGS. 10A-C are perspective views showing consumer use
`of a tobacco product package device, in accordance with
`some embodiments.
`
`FIG. 11 is a diagram of a process for manufacturing a
`tobacco product package device, in accordance with some
`embodiments.
`
`FIGS. 12A-C are perspective views of a tobacco product
`package device, in accordance with some embodiments.
`Like reference symbols in the various drawings indicate
`like elements.
`
`DETAILED DESCRIPTION OF ILLUSTRATIVE
`EMBODIMENTS
`
`Referring to FIGS. 1A-C, some embodiments of a tobacco
`product package device 100 can be used to maintain or
`enhance freshness and other product qualities of tobacco
`products (e.g., chewing tobacco, moist snuff tobacco (loose,
`pouch, or other articulations), dry snuff tobacco, or other
`smokeless tobacco products for oral consumption) contained
`therein. Such qualities may relate to, without limitation, tex-
`ture, flavor, color, aroma, mouth feel, taste, ease of use, and
`combinations thereof. The tobacco product package device
`100 can include a gasket 130 arranged between a container
`120 and a lid 140 so as improve product freshness during both
`shelf life and consumer use. The gasket 130 may serve as a
`moisture barrier that limits the egress ofthe moisture from the
`container 120 (or the ingress ofthe moisture into the container
`120) when the lid 140 is joined with the container 120. In
`some circumstances, the gasket 130 may provide a non-her-
`metic seal that provides a limited amount of gas exchange
`
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`US 7,798,319 B1
`
`5
`with the ambient air (e.g., to permit venting of evolved gases
`or the like), as described in more detail below.
`The container 120 and lid 140 are matable with one another
`
`so that the package device 100 can be closed and thereby
`retain the tobacco products therein (refer, for example, to the
`moist snuff tobacco 110 illustrated in FIG. 1C). In this
`embodiment, the container 120 has a generally cylindrical
`shape and includes a base and a cylindrical side wall that at
`least partially defines an interior space 121 (FIG. 1C). The
`container 120 may comprise a material such as a polymer
`(e. g., polypropylene or the like), fiberboard, or metallic mate-
`rial that is suitable for storing tobacco products having one or
`more flavorants or volatile agents. In this embodiment, the
`container 120 comprises a moldable polymer material. As
`shown in FIG. 1A, the package device 100 can be arranged in
`a closed condition so that the container 120 has a snap-fit
`engagement with the lid 140. Alternatively, the container 120
`can be configured to have a slide-lock engagement with the
`lid 140.
`
`The lid 140 may comprise a metallic material (e.g., alumi-
`num, tin, stainless steel, or the like) that is suitable for bond-
`ing, adhering, or otherwise affixing to the gasket 130. Alter-
`natively, the lid 140 can be formed from a moldable polymer
`material such as polypropylene or the like. The lid 140
`includes a lid wall 141 and a skirt 144 that extends from the
`circumference of the lid wall 141. In this embodiment, the
`skirt 144 includes a second bead 145 that mates with the
`
`container 120 to releasably retain the lid 140 to the container
`120, thereby enclosing the snufftobacco 110 or other tobacco
`products in the closed package device 100.
`Still referring to FIGS. 1A-C, the container 120 includes a
`connection rim 122 that includes a first bead 125 (such as a
`locking ring depicted in FIG. IE) to mate with the second
`bead 145 of the lid 140. The connection rim 122 can be
`
`integrally formed as part of the cylindrical side wall of the
`container 120. As shown in FIG. 1B, the gasket 130 can be
`affixed to an inner lid surface 142 so that the gasket 130 is
`position between the lid wall 141 and the connection rim 122
`when the lid 140 mates with the container 120. As such, the
`metallic lid 140 of this embodiment can be press-fit with the
`polymeric container 120 so that the second bead 145 mates
`with the first bead 125 ofthe container 120, thereby urging the
`lid wall 141 toward the container 120. Because the lid wall
`
`141 is urged toward the container 120, the gasket 130 can be
`at least partially compressed between the metallic lid 140 and
`the polymeric container 120 when the package device is in the
`closed condition. In this embodiment, the gasket 130 includes
`a ring-shaped structure arranged on the inner lid surface 142
`so as to abut against a connection rim 122 of the container
`120. The gasket 130 comprises a generally resilient material
`that is affixed to the inner lid surface 142. For example, in this
`embodiment, the gasket 130 may comprise a plastisol com-
`position that is formed into a ring of film along the inner lid
`surface 142. In alternative embodiments, the gasket 130 may
`comprise another material, such as a urethane material, an
`epoxy material, or a wax material.
`The gasket 130 of the package device 100 can serve as a
`moisture barrier to inhibit the egress of moisture from the
`package device 100 (and likewise to inhibit the ingress of
`moisture into the package device 100). For example, in this
`embodiment the container 120 stores a moist snuff tobacco
`
`product 110, and the gasket 130 can provide a barrier that
`inhibits the migration of moisture from the moist snuff
`tobacco product 110 and out the package device. Such a
`feature can improve the product freshness of the tobacco
`products that are enclosed in the tobacco product package
`device 100. Moreover, the gasket 130 can be configured to
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`6
`provide a non-hermetic seal that permits a limited amount of
`gas exchange with the ambient air while maintaining control
`over the egress of moisture (from the moist snuff tobacco
`product 110) out of the container 120. For example, some
`natural organic products in the snuff tobacco 110 are some-
`times susceptible to biological or chemical changes during
`the product shelf life (before the lid 140 is separated from the
`container 120 for consumer use). Such biological or chemical
`changes may create byproduct gases, and the non-hermetic
`seal provided by the gasket 130 permits at least some of the
`byproduct gases to escape from the container 120. In addi-
`tion, the non-hermetic seal may permit a limited amount of
`oxygen to ingress into the container. Thus, the gasket can
`provide a limited amount of gas exchange (e.g., egress of
`evolved gases and ingress of oxygen) to thereby reduce the
`likelihood of a non-optimal flavor for the tobacco product.
`Still referring to FIGS. 1A-C, the container 120 and lid 140
`can be separated from one another so as to shift the package
`device 100 to an opened condition (shown, for example, in
`FIG. 1C). When the package device 100 is in the opened
`condition, a consumer can have access to the tobacco product
`contained therein (e.g., snuff tobacco 110 in this particular
`embodiment). For example, as shown in FIG. 1C, the con-
`sumer may remove the lid 140 from the container 120 by
`overcoming the snap-fit engagement between the skirt 144
`and the connection rim 122. Thereafter, the consumer can
`obtain a portion ofthe snufftobacco product 110 for personal
`usage by accessing the top opening of the container 120. The
`remaining portion of the snuff tobacco product 110 can be
`enclosed in the package device 100 when the lid 140 is reen-
`gaged with the container 120. When the tobacco product
`package device 100 is returned to the closed condition, the
`gasket 130 returns to an abutting relationship with the con-
`nection rim 122 of the container 120.
`
`Accordingly, the gasket 130 can serve as a moisture barrier
`to enhance the product freshness and other characteristics not
`only during the product shelflife, but also during the period of
`consumer use (e.g., after the tobacco product package is
`opened and then closed by the consumer). As previously
`described, in those embodiments in which the container 120
`retains the moist snuff tobacco product 110, a substantial
`portion of the moisture characteristics are maintained
`throughout the shelf life period. However, after the period of
`shelf life, the tobacco product package device 100 is opened
`by a consumer for removal and consumption of a portion of
`the tobacco product 110. When the tobacco product package
`device 100 is returned to a closed condition (e.g., the lid 140
`is mated with the container 120 as shown in FIG. 1A), the
`gasket 130 again serves as a moisture barrier for the remain-
`ing tobacco product 110. In such circumstances, the tobacco
`product package device 100 can be used to improve the prod-
`uct freshness both during the product shelf life and during
`repeated uses of opening and closing the package device 100.
`Although the particular embodiment depicted in FIGS.
`1A-C illustrate the tobacco product in the package device 100
`as being a moist snuff tobacco product, it should be under-
`stood from the description herein that any one of a number of
`tobacco products can be retained in the package device 100.
`For example, the tobacco product arranged in the package
`device 100 may comprise chewing tobacco, dry snuff
`tobacco, moist snuff tobacco (loose, pouch, or other articula-
`tions), or another smokeless tobacco product. The tobacco
`product can include tobacco that is whole, shredded, cut,
`cured, aged, fermented, pasteurized, pouched, or otherwise
`processed. In some embodiments, the tobacco contained in
`the package device 100 may include portions of leaves, flow-
`ers, roots, stems, or extracts thereof of any member of the
`
`Case 1:20-cv-00472-NCT-JLW Document 1-1 Filed 05/28/20 Page 16 of 24
`Case 1:20-cv-OO472-NCT-JLW Document 1-1 Filed 05/28/20 Page 16 of 24
`
`

`

`US 7,798,319 B1
`
`7
`genus Nicoliana. Further, the tobacco may include an extract
`oftobacco that provides additional tobacco constituents (e.g.,
`flavors, aromas, alkaloids, or the like). In some embodiments
`described herein, the tobacco product may include one or
`more components such as flavor extracts, flavor masking 5
`agents, bitterness receptor site blockers, receptor site enhanc-
`ers, sweeteners, and additives such as chlorophyll, minerals,
`botanicals, or breath-freshening agents.
`In the embodiment depicted in FIGS. 1A-C, the tobacco
`product comprises a smokeless tobacco for oral consumption 10
`in the form of moist snuff tobacco 110 (FIG. 1C). Such moist
`snufftobacco 110 may comprise shredded or cut tobacco that
`is processed to have substantial moisture content. For
`example, the moist snuff tobacco 110 may comprise a mois-
`ture content at final packaging of about 40% by weight or
`greater, about 45% by weight to about 65% by weight, about
`50% to about 60% by weight, and in this embodiment about
`55% by weight.
`Referring now to FIG. 2, some embodiments of the pack-
`age device 100 may include one or more vent structures 123 20
`arranged to at
`least partially control of the limited gas
`exchange provided by the non-hermetic seal. The vent struc-
`tures 123 can be positioned proximate the connection rim 122
`that mates with the lid 140. In this embodiment, each of the
`vent structures 123 comprises an indentation formed in the 25
`connection rim 122 of the container 120. The indentation
`
`15
`
`interrupts the first bead 125 of the connection rim 122 and
`extends toward an upper rim face 126 (refer to both FIG. 2 and
`FIG. 4). Thus, in this embodiment, the first bead 125 of the
`connection rim 122 has a discontinuous configuration (due to 30
`the vent structures 123) while the second bead 145 of the lid
`skirt 144 is generally continuous. In such circumstances, the
`second bead 145 of the lid skirt 144 does not fully engage the
`connection rim 122 in the areas of the vent structures 123,
`which facilitates a limited exchange of gases pass the gasket 35
`130.
`
`The vent structures 123 provide a path for gas exchange
`between the ambient air and the gasket-container interface
`(e. g., the interface between the gasket 130 and the container
`120 in this embodiment). For example, when the lid 140 is 40
`mated with the container 120, some evolved gases may pass
`from inside the container 120, pass the gasket 130, and out of
`the vent structures 123 (toward the ambient surroundings). In
`another example, when the lid 140 is mated with the container
`120, oxygen or other ambient gases can pass through the vent 45
`structures 123, pass the gasket 130, and into the container
`120. The vent structures 123 can be selected to at least par-
`tially control the amount of gas exchange. In particular, the
`number ofvent structures 123 or the size ofthe vent structures
`
`123 can be increased