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 .
Response to Amendment
The Amendment filed Nov. 04, 2025 has been entered. Claims 1, 4-11 remain pending in the application.
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.
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.
Claims 1, 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nascimbeni (US 2019/0016037).
Regarding claim 1, Nascimbeni discloses that, as illustrated in Figs. 1, 2, 3, a seal pin assembly (for example, as illustrated in Fig. 1, items 50, 60, 41, 42, 44, 52, 54 may form the seal pin assembly ([0072], [0075])) for a forming and filling head configured to inject a product into a thermoplastic preform (item 2, Fig. 1 ([0055], [0056])) for simultaneously forming a container from the thermoplastic preform and filling the container with the product (ABSTRACT), the seal pin assembly comprising:
a seal pin (for example, items 41, 42 in Figs. 1, 2) movable (for example, closing in Fig. 1 and opening in Fig. 2) within the forming and filling head towards and away from a nozzle (item 18, Fig. 1 ([0065])) of the forming and filling head, the nozzle configured to cooperate with the thermoplastic preform; and
a vortex generating member (item 52, Fig. 1 or 3 ([0077] (i.e., a swirl imparting element (line 2)))) having a proximal end and a distal end (as shown in Fig. 1 or 3; also see label of proximate end and distant end in attached annotated Figure I), which is opposite to the proximal end, wherein the proximal end of the vortex generating member is connected or coupled to the seal pin at the proximal end and configured to convert a stream of the product into a vortex (i.e., due to the spiral structure 58 extending along a swirling slope S ([0079], lines 1-10)) as the product flows across the vortex generating member and out through the nozzle the vortex generating member defining a bore extending through the vortex generating member along an axis thereof extending from the proximal end to the distal end, wherein the bore is sized and shaped to receive a stretch rod there through (as shown in Fig. 2); and
the seal pin assembly further including a seal (see label of seal in attached annotated Figure I) coupled to the vortex generating member at the distal end of the vortex generating member, the seal configured to seal against the nozzle.
As illustrated in Fig. 1 (also see attached annotated Figure I), at least in this embodiment, the proximal end of the vortex generator is engaged with a terminal end of the seal pin (for example, the items 41 and 42).
Further, as illustrated in Fig. 4 (also see attached annotated Figure II), in this embodiment, the proximal end of the vortex generator is engaged with a terminal end of the seal pin (for example, the items 41 and 42).
For example, it is noticed that, the movable sealing part 44 of the sealing pin is toward to the vortex member 54 ([0075], lines 1-4 from bottom).
As illustrated in Figs. 3, 4, at least in this embodiment, the bore 62 of the vortex generator 52 directly receives the stretch rod 50.
Nascimbeni individually teaches the vortex generator having the central bore to receive the stretch rod directly and the proximal end of the vortex generator is engaged with the terminal end of the seal pin as claimed. Each of these configurations is utilized to improve the performance of the vortex generator. It would have been obvious for one of ordinary skilled in the art to combine each of these embodiments into one configuration logically flows from their having been individually taught in the prior art as being known for achieving the same purpose.
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Annotated Figure I (based on Fig. 1 in the teachings of Nascimbeni)
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Annotated Figure II (based on Fig. 4 in the teachings of Nascimbeni)
Regarding claims 5, 6, 7, 8, 9, 10, Nascimbeni discloses that, as illustrated in Figs. 1, 2, 3, the vortex generating member (as shown in Fig. 3) includes a plurality of vanes (items 54, 56, 58 in Fig. 3 ([0079])) about an outer surface of the vortex generating member (as shown in Fig. 3). As illustrated in Fig. 2, a diameter in the case of a circular cross-section of the nozzle chamber 28, is larger than the radial dimension of the outlet 26 ([0084], lines 1-3 from bottom). Thus, Nascimbeni discloses that, the plurality of vanes defines channels therebetween through which the product flows and the product flows through the channels as a uniform, conical stream (as shown in Fig. 2). Nascimbeni discloses that, as illustrated in Fig. 3, the downstream end 58 of the vortex generating member extends along a swirling slope S ([0079], lines 1-10) and provides the helical channels. While Nascimbeni does not specifically use the term helical, the fins of the prior art are substantially similar in slope and effect of Applicant’s helical fins depicted in Figure 3B in the as-filed specification. Therefore, one of ordinary skill in the art is reasonably suggested the fins of the prior art must be helical in nature according to the claims. Nascimbeni discloses that, the pressurized liquid enters the inner volume of the preform 2, it imparts a centrifugal force against the wall 15 of the preform 2 ([0098]) (i.e., it is noticed that, the centrifugal force is coming from the centrifugal motion of the fluid (or the product)). Because of the centrifugal motion of the fluid/liquid, light (small or bigger) bubbles inside the fluid/fluid will move to the wall area 15 of the preform 2 slowly than the liquid itself, so, a density gradient of the liquid along the radial direction of the container will form and then the coalescing bubbles near the center area of the container may emerge/disperse finally to a surface of the liquid inside the container.
Regarding claim 11, Nascimbeni discloses that, as illustrated in Fig. 2, the product (or liquid) exits the nozzle and flows into the container with an expansion near the shoulder area of the mold 16 (as shown in Fig. 2). It is noticed that, the expansion of the container near the shoulder area of the mold can be considered as an aneurism forming at a shoulder of the container.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nascimbeni (US 2019/0016037) as applied to claim 1 above, further in view of Tylaska et al. (US 2015/0132044).
Regarding claim 4, Nascimbeni discloses that, as illustrated in Fig. 3, the swirling imparting element 52 comprises a central bore 62 arranged to be placed around the control rod 42 ([0081], lines 6-9).
However, Nascimbeni does not disclose a thread connection between the swirling imparting element and the control rod (i.e., one portion/component of the seal pin). Although they have to be connected in some fashion.
In the similar field of endeavor, quick connection fitting, Tylaska discloses that, as illustrated in Fig. 1, main insertion pin is fabricated with a threaded section 27 ([0036], lines 1-3). Tylaska discloses rear fitting 9 with threaded sections 10 and 46 ([0037], lines 1-3).
It would have been obvious to use the apparatus of Nascimbeni to have the thread connection as Tylaska teaches that it is known to have the threaded sections for the pin connection. It has been held that the combination of known technique to improve similar device is likely to be obvious when it does not more than yield predictable results to one of ordinary skill in the art. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed 11/4/2025 have been fully considered. They are not persuasive.
In response to applicant’s arguments (as amended) in claim 1 that the vortex generator of Nascimbeni is not connected to the control (stretch) rod at the proximal end or the proximal end of the vortex generator to be engaged with the terminal end of the seal pin is not found in Nascimbeni, it is not persuasive.
As illustrate din Fig. 1 in the teachings of Nascimbeni (also see attached annotated Figure I), the vortex generator 52 of Nascimbeni has the proximal end and the distal end. In the claimed language of Applicant’s claim, there is no any mention about a proximal end at the control (stretch) rod. It is noticed that, in the teachings of Nascimbeni, the items 41 and 42 (see Fig. 1) are defined as the seal pin (see above about the rejection of claim 1).
Further, as illustrated in Fig. 4, in this embodiment, the proximal end of the vortex generator is engaged with a terminal end of the seal pin (also see attached annotated Figure II).
For example, it is noticed that, the movable sealing part 44 of the sealing pin is toward to the vortex member 54 ([0075], lines 1-4 from bottom).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shibin Liang whose telephone number is (571)272-8811. The examiner can normally be reached on M-F 8:30 - 4:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached on (571)270 7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIBIN LIANG/Examiner, Art Unit 1741
/John J DeRusso/Primary Examiner, Art Unit 1744