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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Regarding Claim 34, the applicants recites “lip seal recess”, however, this found in the disclosure under a different nomenclature. The specification refers to the “lip seal recess” as an annular groove 108. The nomenclature of the claims needs to match the nomenclature of the specification.
Claim Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim. However, Claim 17 depends on itself instead of a preceding Claim. This must be corrected and Claim 17 must depend on a preceding Claim 1 or another preceding Claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16, 23-25, and 31-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marty (WO Patent No. 2014067507).
Regarding Claim 16, Marty teaches a capsule, intended for the preparation of a beverage in a device for making beverages (Abstract, Capsule used to make a beverage in a brewing machine), the capsule comprising a body which includes (Figure 1, Capsule with a body): a bottom wall (Figure 1, Capsule Foot 4); a side wall extending around a longitudinal axis between a first annular edge (Figure 1, Capsule wall 3 extends around a transition ring 45 which acts as an annular edge and around a longitudinal axis), connected to the bottom wall (Figure 1, Capsule wall 3 is connected to Capsule Foot 4), and a second annular edge (Figure 1, Capsule wall 3 and Capsule Foot 4 create a second annular edge), wherein the side wall has an inner surface, facing towards the longitudinal axis (Figure 1 and 6, Capsule wall 3 has an inner surface that faces a longitudinal axis), and an outer surface, opposite to the inner surface (Figure 1 and 6, Capsule wall 3 has an outer surface that faces a opposite the inner surface); an annular flange (Figure 7, The capsule base 71 acting as the flange), which extends from the second annular edge of the side wall, away from the longitudinal axis (Figure 6 and 7, The capsule base 71 extends from the capsule side wall and away from the longitudinal axis), and which has a rear surface facing towards the side wall and a front surface (Figure 6 and 7, The capsule base 71 has upper side 74 acting as a rear surface), opposite to the rear surface (Figure 6 and 7, The capsule base 71 has lower side 73 acting as a front surface), wherein the outer surface of the side wall includes a first portion, which is proximal to the flange (Figure 3, The lower portion 47 of the capsule wall 3 is close to the sealing region 6), and a second portion, which is distal from the flange (Figure 3, Central portion 48 serves as a second portion and is distal from the flange); and a lip seal which juts from the rear surface of the annular flange and which extends around the longitudinal axis wherein the annular flange (Figure 6 and 7, The sealing ridge 75 is from the upper surface 74 of capsule base 71 and is extends around the longitudinal axis), the lip seal and the side wall delimit an annular groove (Figure 7, The capsule base 71 and sealing ridge 75 surround annular transition region 78 from both side); wherein the body also includes a plurality of centering protrusions disposed around the longitudinal axis (Figure 1, Capsule has longitudinally extending beads 51 around the longitudinal axis) and jutting from the first portion of the outer surface of the side wall (Figure 1-3, Capsule has longitudinally extending beads 51 that extend from the a lower portion 47 acting as the first portion), wherein the centering protrusions of the plurality of centering protrusions produce local thickening of the side wall (Figure 1-3, Capsule has longitudinally extending beads 51 that are thicker therefore produce local thickening of the side wall).
Regarding Claim 23, Marty teaches that the centering protrusions of the plurality of centering protrusions are angularly equispaced around the longitudinal axis (Figure 1, Beads 51 are angularly equispaced around the longitudinal axis).
Regarding Claim 24, Marty teaches that the plurality of centering protrusions includes at least three centering protrusions (Figure 1, There are more than 3 Beads 51).
Regarding Claim 25, Marty teaches an additional lip seal surrounding the lip seal and spaced therefrom (Figure 7, The sealing ring 76 surrounds sealing ring 75 and is spaced from it).
Regarding Claim 31, Marty teaches that the centering protrusions have a length along the longitudinal axis of the capsule equal to at least three times their circumferential thickness (Figure 1, Beads 51 have a length that is more than 3 times their thickness).
Regarding Claim 32, Marty teaches a method for making a capsule (Paragraph 12-14, Method for making a capsule), intended for the preparation of a beverage in a device for making beverages (Abstract, Capsule used to make a beverage in a brewing machine), wherein the method comprises a step of forming a body of the capsule (Figure 1, Capsule with a body), in which the following are made: a bottom wall (Figure 1, Capsule Foot 4); a side wall extending around a longitudinal axis between a first annular edge (Figure 1, Capsule wall 3 extends around a transition ring 45 which acts as an annular edge and around a longitudinal axis), connected to the bottom wall (Figure 1, Capsule wall 3 is connected to Capsule Foot 4), and a second annular edge (Figure 1, Capsule wall 3 and Capsule Foot 4 create a second annular edge), wherein the side wall has an inner surface facing towards the longitudinal axis (Figure 1 and 6, Capsule wall 3 has an inner surface that faces a longitudinal axis), and an outer surface, opposite to the inner surface (Figure 1 and 6, Capsule wall 3 has an outer surface that is opposite the inner surface); an annular flange (Figure 7, The capsule base 71 acting as the flange), which extends from the second annular edge of the side wall, away from the longitudinal axis (Figure 6 and 7, The capsule base 71 extends from the capsule side wall and away from the longitudinal axis), and which has a rear surface facing towards the side wall and a front surface (Figure 6 and 7, The capsule base 71 has upper side 74 acting as a rear surface), opposite to the rear surface (Figure 6 and 7, The capsule base 71 has lower side 73 acting as a front surface), wherein the outer surface of the side wall includes a first portion, which is proximal to the flange (Figure 3, The lower portion 47 of the capsule wall 3 is close to the sealing region 6), and a second portion, which is distal from the flange (Figure 3, Central portion 48 serves as a second portion and is distal from the flange), wherein the outer surface of the side wall includes a first portion which is proximal to the flange (Figure 3, The lower portion 47 of the capsule wall 3 is close to the sealing region 6) and a second portion which is distal from the flange (Figure 3, Central portion 48 serves as a second portion and is distal from the flange); and a lip seal which juts from the rear surface of the annular flange and which extends around the longitudinal axis (Figure 6 and 7, The sealing ridge 75 is from the upper surface 74 of capsule base 71 and is extends around the longitudinal axis) to delimit, together with the annular flange and the side wall, an annular groove (Figure 7, The capsule base 71, its wall, and sealing ridge 75 surround annular transition region 78 from both side); wherein the step of forming also makes a plurality of centering protrusions disposed around the longitudinal axis (Figure 1, Capsule has longitudinally extending beads 51 around the longitudinal axis) and jutting from the first portion of the outer surface of the side wall (Figure 1-3, Capsule has longitudinally extending beads 51 that extend from the a lower portion 47 acting as the first portion), wherein the centering protrusions of the plurality of centering protrusions produce local thickening of the side wall (Figure 1-3, Capsule has longitudinally extending beads 51 that are thicker therefore produce local thickening of the side wall).
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.
Claims 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Held (US Patent No. 20200231375).
Regarding Claim 17, Marty fails to teach that the centering protrusions of the plurality of centering protrusions are positioned at least partly in the annular groove.
Held teaches a beverage capsule (Abstract, Beverage Capsule) where the centering protrusions of the plurality of centering protrusions are positioned at least partly in the annular groove (Figure 1b, The stacking notches 9, acting as centering protrusions, are position in an annular groove).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions are positioned at least partly in the annular groove as stated in Held. The stacking notches help prevent the stacked cups from shifting and provides a more stable and rigid stacking (Paragraph 110, Stacking Notches).
Regarding Claim 18, Marty fails to teach that the centering protrusions of the plurality of centering protrusions are connected to the rear surface of the annular flange.
Held teaches a beverage capsule (Abstract, Beverage Capsule) where the centering protrusions of the plurality of centering protrusions are connected to the rear surface of the annular flange (Figure 1b, The stacking notches 9, acting as centering protrusions, are connected to the top of flange 6).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions are connected to the rear surface of the annular flange as stated in Held. The stacking notches help prevent the stacked cups from shifting and provides a more stable and rigid stacking (Paragraph 110, Stacking Notches).
Regarding Claim 19, Marty fails to teach that the centering protrusions of the plurality of centering protrusions are spaced from the lip seal.
Held teaches a beverage capsule (Abstract, Beverage Capsule) where the centering protrusions of the plurality of centering protrusions are spaced from the lip seal (Figure 1b, The stacking notches 9, acting as centering protrusions, are spaced apart from the first lip on flange 6).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions are spaced from the lip seal as stated in Held. The stacking notches help prevent the stacked cups from shifting and provides a more stable and rigid stacking (Paragraph 110, Stacking Notches).
Regarding Claim 20, Marty fails to teach that the extension of each centering protrusion of the plurality of centering protrusions in a plane parallel to the annular flange is smaller than the distance between the centering protrusion and the lip seal in the selfsame plane which is parallel to the annular flange.
Held teaches a beverage capsule (Abstract, Beverage Capsule) where the extension of each centering protrusion of the plurality of centering protrusions in a plane parallel to the annular flange is smaller than the distance between the centering protrusion and the lip seal in the selfsame plane which is parallel to the annular flange (Figure 1b, The stacking notches 9, acting as centering protrusions, does not extend all the way to the first lip on the flange 6 as there is a space between them).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions in a plane parallel to the annular flange is smaller than the distance between the centering protrusion and the lip seal in the selfsame plane which is parallel to the annular flange as stated in Held. The stacking notches help prevent the stacked cups from shifting and provides a more stable and rigid stacking (Paragraph 110, Stacking Notches).
Regarding Claim 21, Marty fails to teach that the extension of each centering protrusion of the plurality of centering protrusions in a plane perpendicular to the annular flange is greater than the extension of the lip seal in the selfsame plane which is perpendicular to the annular flange.
Held teaches a beverage capsule (Abstract, Beverage Capsule) where the extension of each centering protrusion of the plurality of centering protrusions in a plane perpendicular to the annular flange is greater than the extension of the lip seal in the selfsame plane which is perpendicular to the annular flange (Figure 1b, The stacking notches 9, acting as centering protrusions, does extend past the first lip on the flange 6 in a upward direction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions in a plane perpendicular to the annular flange is greater than the extension of the lip seal in the selfsame plane which is perpendicular to the annular flange as stated in Held. The stacking notches help prevent the stacked cups from shifting and provides a more stable and rigid stacking (Paragraph 110, Stacking Notches).
Claims 22 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Kay (Patent No. 2018148251).
Regarding Claim 22, Marty fails to teach that the centering protrusions of the plurality of centering protrusions extend along respective axes which are contained in planes passing through the longitudinal axis.
Kay teaches a capsule for use in a coffee extraction machine (Abstract, Capsule) where the centering protrusions of the plurality of centering protrusions extend along respective axes which are contained in planes passing through the longitudinal axis (Figure 1, Strengthening Ribs 20 and 18 extends along Base 14 which passes through a longitudinal axis).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate that the centering protrusions extend along respective axes which are contained in planes passing through the longitudinal axis as stated in Kay. Strengthening ribs 20 and Strengthening ribs 18 provide strength to the structure of the capsule (Paragraph 21, Strengthening Ribs 20 and 18).
Regarding Claim 30, Marty fails to teach that wherein the plurality of centering protrusions includes a first subset of protrusions and a second subsets of protrusions, wherein the protrusions of the second subset are smaller than the protrusions of the first subset, and wherein the protrusions of the first subset are be arranged around the longitudinal axis in alternate fashion with respect to corresponding protrusions belonging to the second subset, so that each projection of the first subset is arranged between two projections of the second subset and vice versa.
Kay teaches a capsule for use in a coffee extraction machine (Abstract, Capsule) where the plurality of centering protrusions includes a first subset of protrusions and a second subsets of protrusions (Figure 1, Two types of strengthening ribs 20 and 18), wherein the protrusions of the second subset are smaller than the protrusions of the first subset (Figure 1, Strengthening ribs 20 are smaller than Strengthening ribs 18), and wherein the protrusions of the first subset are be arranged around the longitudinal axis in alternate fashion with respect to corresponding protrusions belonging to the second subset, so that each projection of the first subset is arranged between two projections of the second subset and vice versa (Figure 1, Strengthening ribs 20 and Strengthening ribs 18 are arranged around a longitudinal axis in alternate fashion. Strengthening ribs 18 is between two Strengthening ribs 20).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate a first subset of protrusions and a second subsets of protrusions as stated in Kay. Strengthening ribs 20 and Strengthening ribs 18 provide strength to the structure of the capsule (Paragraph 21, Strengthening Ribs 20 and 18).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Doglioni (Patent No. 20150208852).
Regarding Claim 26, Marty fails to teach that the centering protrusions comprise a lower joining surface, which is in direct contact with the annular flange, so that the protrusions rest on the annular flange.
Doglioni teaches a beverage capsule (Abstract, Beverage Capsule) where the centering protrusions comprise a lower joining surface, which is in direct contact with the annular flange, so that the protrusions rest on the annular flange (Figure 10-11, Elements 23 are connected to the top of annular flange 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate a centering protrusions that comprise a lower joining surface, which is in direct contact with the annular flange, so that the protrusions rest on the annular flange as stated in Doglioni. The element allows the capsule to adapt to the irregularities or indentations of pressing edge 10 and improve the sealing (Paragraph 103, Elements 23).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Doglioni (Patent No. 20150201792).
Regarding Claim 27, Marty fails to teach that the centering protrusions have a triangular section.
Doglioni (Patent No. 20150201792) teaches a beverage capsule (Abstract, Beverage Capsule) where the centering protrusions have a triangular section (Figure 2, the centering protrusions have a triangular shape).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate the shape of centering protrusions as stated in Doglioni (Patent No. 20150201792). Regarding the shape of the centering protrusions, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of this particular shape, since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular shape. (MPEP 2144.05-IV-B)
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Hansen (WO Patent No. 2016012562).
Regarding Claim 28, Marty fails to teach that the centering protrusions have an "L" shape, when seen in a section along a plane including the longitudinal axis, wherein the "L" shape includes a longer stretch, developing in a direction which has the orientation of the lateral surface of the capsule body, and a shorter stretch, which develops in a radial direction.
Hansen teaches a capsule for beverage system (Abstract, Capsule) where the centering protrusions have an "L" shape, when seen in a section along a plane including the longitudinal axis (Figure 4, Capsule 20 has reinforcing ribs 85 that are L shaped), wherein the "L" shape includes a longer stretch, developing in a direction which has the orientation of the lateral surface of the capsule body (Figure 4, The long section of the rib 85 extends along the longitudinal axis), and a shorter stretch, which develops in a radial direction (Figure 4, The short section of the rib 85 extends along the radial direction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate the shape of the centering protrusions as stated in Hansen. Regarding the shape of the centering protrusions, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of this particular shape, since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular shape. (MPEP 2144.05-IV-B).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Bisio (US Patent No. 20180194545).
Regarding Claim 29, Marty fails to teach that for each centering protrusion, a thickness of the centering protrusion is increasing in the direction that proceeds from the bottom of the capsule towards the annular flange, so that a maximum thickness of each protrusion is at the first end, in contact with the annular flange.
Bisio teaches a single-dose capsule (Abstract, A single-dose capsule) where for each centering protrusion, a thickness of the centering protrusion is increasing in the direction that proceeds from the bottom of the capsule towards the annular flange, so that a maximum thickness of each protrusion is at the first end, in contact with the annular flange (Figure 5-6, Centering projections 40.# and 30.# are in contact with the flange and there thickness is at maximum near the flange and thinner as it goes to the cup bottom 8 of the capsule 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate the shape of the centering protrusions as stated in Bisio. Regarding the shape of the centering protrusions, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of this particular shape, since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular shape. (MPEP 2144.05-IV-B).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Marty (WO Patent No. 2014067507) in view of Trombetta (US Patent No. 9688465).
Regarding Claim 33, Marty fails to teach that the step of forming is carried out by compression moulding starting from a charge of thermoplastic material, wherein the centering protrusions of the plurality of centering protrusions are made as one with the side wall of the body during compression moulding.
Trombetta teaches a beverage capsule (Abstract, Beverage Capsule) where the step of forming is carried out by compression moulding starting from a charge of thermoplastic material (Col 1 Line 23-34 and Figure 6, Capsule 10 is made from compression moulding of body material 106 which can be plastic), wherein the centering protrusions of the plurality of centering protrusions are made as one with the side wall of the body during compression moulding (Figure 4-5, Plurality of Ribs 66 can be formed on the side wall of the capsule by using the compression moulding).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Marty to incorporate compression moulding as stated in Trombetta. The Compression System allows for multiple stations to create multiple capsules simultaneously in an efficient manner (Figure 6 and Col 6 Line 34-42, Compression System).
Claim 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Azuma (US Patent No. 20150289691) in view of Appleford (WO Patent No. 2018049460) and further in view of Takai (US Patent No. 6440354).
Regarding Claim 34, Azuma teaches a mould for making a capsule intended for the preparation of a beverage in a device for making beverages (Abstract, cup-type container that is obtained by compression molding), the mould being movable between an open configuration and a closed configuration in which it defines a moulding cavity that includes (Figure 7A-B, the mold is movable between an open and closed configuration using Lower Mold 11 and Upper Mold 12): a bottom recess (Figure 7A-B, Bottom Forming Space 14); a side recess, extending around a longitudinal axis between a first annular end (Figure 7A-B, Body Forming Space 15 extends around an longitudinal axis and is connected to a first annular), connected to the bottom recess and a second annular end (Figure 7A-B, Body Forming Space 15 is connected to Bottom Forming Space 14 and the second annular end near the Flange forming Space 16), wherein the side recess has an inside wall, facing towards the longitudinal axis (Figure 7A-B, Body Forming Space 15 has an inside wall formed by Lower Mold 11 and faces the longitudinal axis), and an outside wall, opposite to the inside wall (Figure 7A-B, Body Forming Space 15 has an inside wall formed by Lower Mold 11 and an outside wall formed by Upper Mold 12, these walls face each other); a flange recess (Figure 7A-B, Flange forming Space 16), connected to the second annular end and extending from the second annular end, away from the longitudinal axis (Figure 7A-B, Flange forming Space 16 is connected to second annular end near the Flange forming Space 16 and extends away from the longitudinal axis), wherein the flange recess has a rear wall, facing towards the side recess (Figure 7A-B, Flange forming Space 16 has a rear wall formed by the Upper mold 12 facing the Body Forming Space 15), and a front wall, opposite to the rear wall (Figure 7A-B, Flange forming Space 16 has a front wall formed by the Lower mold 11 facing the rear wall), where the outside wall of the side recess includes a first portion, proximal to the flange recess (Figure 7A-B, Upper mold 12 forms an outside wall with a portion that is proximal to the Flange forming Space 16), and a second portion, distal from the flange recess (Figure 7A-B, Upper mold 12 forms an outside wall with a portion that is Distal to the Flange forming Space 16 and close to the Bottom Forming Space 14);
Azuma fails to teach that the side recess includes a plurality of recesses disposed around the longitudinal axis in the first portion of the outside wall of the side recess, and a lip seal recess, connected to the rear wall of the flange recess and extending around the longitudinal axis;
Appleford teaches an apparatus for thermoforming materials into a beverage dispensing capsule (Abstract, Beverage Dispensing Capsule) where the side recess includes a plurality of recesses disposed around the longitudinal axis in the first portion of the outside wall of the side recess (Figure 3A-B, Showcases a Mould with a wall that has steam vent recesses disposed around the longitudinal axis).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Azuma to incorporate a plurality of recesses as stated in Appleford. The steam vent recesses helps with the creation of vertical ribs and maintain structural integrity (Page 6 Line 32-41, Structural integrity).
Azuma in view of Appleford fails to teach a lip seal recess, connected to the rear wall of the flange recess and extending around the longitudinal axis.
Takai teaches a thermoforming apparatus for creating a container (Abstract, A thermoforming apparatus) where a lip seal recess, connected to the rear wall of the flange recess and extending around the longitudinal axis (Figure 24, Seal plate 134 with recesses that are on the flange portion of the mould and extending around the longitudinal axis act as the lip seal recess).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Azuma in view of Appleford to incorporate a lip seal recess as stated in Takai. The Seal plate helps contain the thermoplastic resin inside the cavity during the compression process (Col 22 Line 51-65, Seal plate).
Regarding Claim 35, Azuma in view of Appleford and Takai and teaches an upper unit (Azuma: Figure 7A-B, Upper Mold 12) and a lower unit (Azuma: Figure 7A-B, Lower Mold 11), which are movable relative to each other along the longitudinal axis (Azuma: Figure 7A-B, the mold is movable between an open and closed configuration using Lower Mold 11 and Upper Mold 12 along a longitudinal axis), wherein, in the open configuration of the mould, the upper unit and the lower unit are spaced apart (Azuma: Figure 7A, When the mold is in open configuration, Lower Mold 11 and Upper Mold 12 are spaced apart) and in the closed configuration of the mould, the upper unit and the lower unit are close together and delimit the moulding cavity (Azuma: Figure 7A, When the mold is in Closed configuration, Lower Mold 11 and Upper Mold 12 are close together and delimit the Body Forming Space 15).
Conclusion
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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