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 .
Allowable Subject Matter
Claims 2-3 and 8-11 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art of record alone or in combination fails to explicitly teach each ram body has a longitudinal axis that extends generally radially outward from the prime axis of rotation of the ram drive assembly, as recited in claim 2 from which claim 3 depends.
JP H11-156452 to Yamakawa teaches a cam forming system including a ram that has a longitudinal axis that extends generally radially outward from the prime axis of rotation of the ram drive assembly (Figs. 1 and 4-8 show that the ram bodies 33, 34, 35 each have a longitudinal axis that extends away from the axis of rotation of the shaft 3), however claim 2 depends from claim 1 which recites that the forming assemblies each include a ram and a domer spaced a distance from an opening of the forming passage. Yamakawa teaches the forming assemblies are drawing and redrawing dies 16, 17, 18 that are positioned to be sequentially engaged by the ram 35, so providing a domer on each forming assembly would render the system inoperable for its intended use as the domers would prevent the ram from engaging the subsequent dies.
US 2016/0107219 A1 to Kaanta teaches the rams have a longitudinal axis that extends in the same direction as the prime axis of rotation (Figs. 2A-H).
Regarding claim 8, the prior art of record alone or in combination fails to explicitly teach the ram drive assembly includes a disk cam structured to rotate about a prime axis of rotation and drive the elongated ram body of each forming assembly of the plurality of forming assemblies, as recited in claim 8 upon which claims 9-11 depend.
US 4,936,130 to Kramer teaches a can bodymaker comprising a ram drive assembly includes a disk cam 20 structured to rotate about a prime axis of rotation and drive the elongated ram body of each forming assembly of the plurality of forming assemblies (Figs. 2-3; Col. 3, Lns. 27-38; the cam 20 is structured to rotate about a prime axis of rotation by the adjustment device 34), however the cam does not drive the elongated ram body of each forming assembly of the plurality of forming assemblies. Rather, Kramer teaches that the cam 20 is rotated to select the fixed configuration of the cam during can forming operations (Col. 3, Lns. 27-38), and the rotation of the cam does not drive any movement of the ram body during setup or during the can making process.
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.
Claims 1, 4-7 and 12-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0107219 A1 to Kaanta.
Regarding claim 1, Kaanta teaches a can bodymaker (Abstract, Fig. 12) comprising:
a mounting assembly 36 (Figs. 2A-H; Para. [0086]; the mounting assembly is the base of the turret to which forming assemblies 46 are attached);
a forming system 38, 44, 46 (Figs. 2A-H; Paras. [0086]-[0088]) including:
a plurality of forming assemblies 38, 44, 46 spaced apart from each other (Figs. 2A-H; Paras. [0086]-[0088]; each forming assembly is the die, i.e., 46, and the associated ram, i.e., 38, that are spaced from each other), each forming assembly structured to form a can body independent of the other forming assemblies of the plurality of forming assemblies (Figs. 2A-H; Paras. [0086]-[0088]; each of the assemblies is able to make a can body independently), each forming assembly coupled to the mounting assembly 36 (Figs. 2A-H; Paras. [0086]-[0088]; the tool sets 46 are attached to the bottom flat surface of turret 36, i.e., the mounting assembly), each forming assembly including:
a ram assembly 38 with an elongated ram body (Figs. 2A-H; Paras. [0086]-[0088]; each of the rams 38 includes an elongated ram body),
a die pack 36 defining a forming passage that is structured to form the can body as the ram body 38 passes through the forming passage during formation of the can body (Figs. 2A-H; Para. [0086]; as shown in Figs. 2D and 2H, the rams 38 move through a forming passage in the turret 36, i.e., a die pack, as the can is being formed on the domer 46, i.e., the ram is still moving through the die pack during the can formation);
a domer 46 spaced a distance from an opening of the forming passage, the domer 46 structured to form a dome on an end of the can body (Figs. 2A-H and 3A-B; Para. [0087]; the lower tool includes a curved surface to form a dome shape on the bottle, as shown in Figs. 3A-B and 4A-B); and
a ram drive assembly 36, 39 operatively coupled to each forming assembly (Figs. 2A-H; Para. [0086]-[0088]; the rotation of the turret 36 about axis 40 drives the movement of the rams via cam 39]).
Regarding claim 4, Kaanta teaches the can bodymaker of claim 1 (Fig. 2), wherein: the ram drive assembly includes one of a disk cam or a barrel cam 36, 41, 42 (Figs. 2A-H; Para. [0086]; the cam is interpreted as a barrel cam because the turret 36 rotates about the stationary cylinder 41, i.e., a barrel, to move the rams along groove 42 to move between extended and retracted positions); and the disk cam or the barrel cam 36, 41, 42 is operatively coupled to each forming assembly 38, 44, 46 (Figs. 1-2; Para. [0086]).
Regarding claim 5, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein the plurality of forming assemblies 38, 44, 46 comprises two forming assemblies with the ram body 38 of each forming assembly positioned in opposition about the ram drive assembly to the other forming assembly (Figs. 2A-H; Para. [0086]; the can bodymaker includes at least two forming assemblies with ram bodies 38 for forming assemblies 46 positioned in opposition to each other in that one ram 38 is positioned such that it engages the lower tool 46 when another ram body 38 is in a fully retracted position).
Regarding claim 6, Kaanta teaches the can bodymaker of claim 1 (Fig. 2A-H), wherein: the ram drive assembly 36 includes a prime axis of rotation 40 (Figs. 2A-H; Para. [0086]; the rotation of the turret 36 about the axis of rotation 40 causes the movement of the rams 38), and the plurality of forming assemblies comprises two forming assemblies 38, 44, 46 positioned relative to each other about the prime axis of rotation 40 of the ram drive assembly at an angle other than 180 (Figs. 2A-H; the forming assemblies 38, 44, 46 are each positioned about the axis of rotation of turret 40 with at least two of assembles at angles other than 180 degrees, e.g., some of the assemblies are at 90 degrees relative to each other).
Regarding claim 7, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein: the ram drive assembly includes a prime axis of rotation 40 (Figs. 2A-H; Paras. [0086]-[0088]), and the plurality of forming assemblies 46 comprises two forming assemblies positioned relative to each other about the prime axis of rotation 40 of the ram drive assembly at an angle of 180 (Figs. 2A-H show that there are multiple forming assemblies 46 and two may be selected that are at an angle of 180 degrees relative to the axis of rotation, i.e., the two forming assemblies 46 in Fig. 2D are 180 degrees from each other relative to the axis of rotation 40).
Regarding claim 12, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein: the ram drive assembly 36 is structured to move each ram body 38 between a retracted, first position and an extended, second position (Figs. 2A-H; Para. [0086]; Figs. 2A-H show the ram bodies 38 in many positions including extended and retracted positions) as well as a number of medial positions between the first position and the second position (Figs. 2A-H); and no two ram bodies 38 are in the same medial position at one time (Figs. 2A-H show that each of the rams are in different positions, i.e., extended or retracted or in medial positions that are partway to retracted or partway to extended).
Regarding claim 13, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein the forming assemblies 38, 44, 46 are asymmetrical forming assemblies (Figs. 2A-H; the forming assemblies are asymmetrical because the rams 38 for each forming assembly is positioned such that the motor only has to move some of the forming assemblies into the forming position for each cycle and thus the ram assemblies are disposed to not generate maximum resistance, i.e., a configuration in which all forming assemblies are being moved to form workpieces at the same time).
Regarding claim 14, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein:
the plurality of forming assembies 38, 44, 46 is a full set of forming assemblies (Figs. 2A-H; Paras. [0086]-[0087]; the forming assemblies comprise a full set of assemblies to form a can); and
the ram drive assembly 36, 38 is structured to operate with less than the full set of forming assemblies (Figs. 2A-H; Paras. [0086]-[0087]; the ram drive assembly 36 can operate some of the forming assemblies even if the other assemblies are not operating, i.e., no can is present or the ram is removed).
Regarding claim 15, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein the ram drive assembly 36 is a limited load drive assembly (Figs. 2A-H; P. 56, Lns. 26-29 state that a limited load drive assembly is one capable of functioning with less than all forming assembles, and the ram drive assembly 36 is capable of functioning even if some of the forming assemblies 38, 44, 46 were to be removed or damaged).
Regarding claim 16, Kaanta teaches the can bodymaker of claim 1 (Fig. 2A-H), wherein: each forming assembly includes a stationary assembly 46 and a moving assembly 38 (Figs. 2A-H; Paras. [0086]-[0087]); and
the stationary assembly 46 of each forming assembly is a unified assembly (Figs. 2A-H; Para. [0087]; P. 20, Lns. 6-7 of the specification state that a unified assembly means all of the components are in a single location, and the stationary tool 46 of each forming assembly is disposed in a single location, i.e., at the bottom of turret 36).
Regarding claim 17, Kaanta teaches the can bodymaker of claim 1 (Fig. 2A-H), wherein the forming system is structured to produce one of: a large number of can bodies per minute, a very large number of can bodies per minute, or an exceedingly large number of can bodies per minute (Figs. 2A-H; it is noted that P. 58, Ln. 30 through P. 59, Ln. 3 define large, very large and exceedingly large as corresponding to some number of cans being produced, e.g., large is 1,280 cans, and the system of Kaanta is capable of producing such a number of cans).
Regarding claim 18, Kaanta teaches the can bodymaker of claim 1 (Fig. 2A-H), wherein the ram drive assembly 3, 6 is one of: a single source/3-output ram drive assembly, a single source/4-output ram drive assembly, a single source/5-output ram drive assembly, a single source/6-output ram drive assembly, a single source/7-output ram drive assembly, a single source/8-output ram drive assembly, a single source/9-output ram drive assembly, or a single source/10-output ram drive assembly (Figs. 2A-H; Para. [0086]; it is noted that P. 22, Lns. 21-24 define a single source X-output drive assembly as a single drive assembly that is operatively coupled to X number of forming assemblies, and the drive assembly 36 in Kaanta is coupled to 4 or more rams according to Para. [0086], i.e., a 4 to 10 output ram drive assembly).
Regarding claim 19, Kaanta teaches the can bodymaker of claim 1 (Fig. 1), wherein: ram drive assembly 36 includes a barrel cam structured to rotate about a prime axis of rotation 40 36, 42 (Figs. 2A-H; Para. [0086]; the cam is interpreted as a barrel cam because the turret 36 rotates about the stationary cylinder 41, i.e., a barrel, to move the rams along groove 42 to move between extended and retracted positions); and each ram body 38 has a longitudinal axis extending generally parallel to the prime axis of rotation 40 of the ram drive assembly (Figs. 2A-E; Paras. [0086]-[0088]; the longitudinal axes of the rams 38 are parallel to the prime axes of rotation 40).
Regarding claim 20, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein: the ram drive assembly includes a prime axis of rotation 40 (Figs. 2A-H; Paras. [0086]-[0088]), the plurality of forming assemblies comprises at least three forming assemblies 38, 44, 46 (Figs. 2A-H; Paras. [0086]-[0088]), and the angular spacing about the prime axis of rotation 40 between an adjacent two of the at least three forming assemblies is different than the angular spacing between another adjacent two of the at least three forming assemblies (Figs. 2A-C; the bodymaker includes a plurality of forming assemblies 46 and three may be chosen with different angular spacing between two adjacent forming assemblies of the three, e.g., in Fig. 2C the left two forming assembles 46 and the rightmost forming assembly 46 in the figure may be chosen and there will be a different angular spacing between the two leftmost forming assemblies 46 and either one of those assemblies and the rightmost assembly).
Regarding claim 21, Kaanta teaches the can bodymaker of claim 1 (Figs. 2A-H), wherein the ram drive assembly 36 is a direct ram drive assembly (Figs. 2A-H; Para. [0086]; the rotation of the turret 36 by a motor directly drives the ram movement).
Response to Arguments
Applicant’s amendments and remarks dated July 21, 2025, with respect to the rejections of claims 8-11 under 35 USC 102 have been fully considered and are persuasive. These rejections have been withdrawn.
Applicant's amendments and remarks with respect to the rejections of claims 1, 4-7 and 12-21 under 35 USC 102 and 103 relying upon Kaanta have been fully considered but they are not persuasive.
Applicant argues that Kaanta fails to teach the claim features of independent claim 1 because Kaanta fails to teach a die pack defining a forming passage that is structured to form the can body as the ram body passes through the forming passage during formation of the can body. Remarks, PP. 7-8. These arguments have been carefully considered and they are not persuasive. It appears that Applicant is interpreting the claim language to require the container blank to pass through the forming passage and by formed or shaped by the ram body and the forming passage during this operation (Remarks, PP. 7-8), however this is not commensurate in scope with the claim language. The claim language requires the passage to be structured “to form the can body as the ram body passes through the forming passage during formation of the can body,” which is interpreted to require the forming passage to assist in the formation of the can body as the ram body passes through the it, i.e., the forming passage itself does not have to be contacting the can body to form it. In Kaanta, the ram body is moving through the forming passage as the can body is formed by the domer (Figs. 2A-H; Para. [0087]). Accordingly, this argument is not persuasive.
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 MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725