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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/2/2025 has been entered.
Response to Amendment
The Amendment filed Sept. 2, 2025 has been entered. Claims 1, 4-6 are pending in the application. Claims 7-12 are withdrawn.
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, 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Finger et al. (US 2020/0307064), further in view of Voss et al. (US 4,856,978).
Regarding claim 1, Finger discloses that, as illustrated in Figs. 1-2, a method for heating plastic preforms (Fig. 1, item 10 ([0047], line 2)), wherein the plastic preforms are transported along a predetermined transport path (as shown in Fig. 1) within a heating device (Fig. 1, item 4 or 14 ([0047], lines 6-11)) and are heated to a predetermined temperature during this transport by a plurality of heating devices arranged along the transport path (as shown in Fig. 1), and wherein a heating power of the heating devices impinging on the plastic preforms can be varied ([0047], lines 1-4 from bottom (i.e., the first warming section G1 and the second warming section G2)),
wherein
the heating power of the heating devices impinging on the plastic preforms is controlled depending on a transport speed of the plastic preforms ([0050] (for example, to take a transport speed of the plastic preforms into consideration in the determination of the heating power)).
Further, Finger discloses that, in [0042], specific heating zones of an individual heating element (or device) are activated, the others (i.e., heating elements) are deactivated. These different heating zones can also be operated with different powers. Combining with the transport speed of the plastic preforms being considered in the determination of the heating power of each heating element ([0050], lines 1-3 from bottom), Finger discloses that the heating power of the heating elements (or devices) is adjusted individually to the transport speed of the plastic preforms.
Further, Finger discloses that, the heating power of each heating device and/or also of adjacent heating devices is controlled and/or changed individually and/or independently of each other ([0040], lines 6-9). It is noticed that, the control device 20 (including a process device 21 ([0050], lines 1-5)) or optionally also a further control device is suitably and intended to control the individual heating elements 4 ([0051], lines 1-3 (i.e., the control device 20 is suitable and intended to control the individual heating elements 4)).
Finger discloses that, the heating power of each heating device and/or also of adjacent heating devices is controlled and/or changed individually and/or independently of each other. In this way it is possible to supply or to heat the plastic preforms along their longitudinal direction with a changing temperature profile ([0040], lines 6-9).
Because the changing temperature profile along the longitudinal direction of each of the preforms has to be less disturbance without any abrupt changes ([0003]; it is noticed that, disturbance variables of different temperatures of the plastic preforms are brought some potential problems such as inconsistent storage of the containers (lines 12-14)), at least each individual heating device is capable of providing the heating power from 0% to 100% without any gap.
It is noticed that, the control device 20 (including a process device 21 ([0050], lines 1-5)) or optionally also a further control device is suitably and intended to control the individual heating elements 4 ([0051], lines 1-3).
Thus, 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 Finger to disclose that, the heating power of the heating devices is stepless controlled.
However, Finger does not explicitly disclose that, the transport speed of the plastic preforms is stepless controlled.
In the same field of endeavor, conveying preforms for blow molding, Voss discloses that, as illustrated in Figs. 1, 2, this rotational movement is transmitted to the preforms 5. For an even distribution of temperature in the preforms, these later are conducted through the heating station 22. The rotational speed is adjustable, as desired, by the stepless adjustment of the speed of rotation of the pertinent driving means (col. 5, lines 5-11).
It would have been obvious to use the apparatus of Finger to have the heating devices disposed in the transport sections of the plastic preforms as Voss teaches that it is known to have a heating section for heating the preforms while continuously transporting them under the stepless adjustment of the speed along a transport line. 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).
Regarding claim 4, Finger discloses that, as illustrated in Fig. 1, at least one heating device (for example, item 4) is displaceably arranged along the transport path of the heating device.
Regarding claim 5, Finger discloses that, an internal and/or external temperature of the plastic preforms is detected within the heating device and this temperature is used to control the heating power of the heating devices ([0020], lines 1-13 (i.e., by using a pyrometer to determine the temperature gradients conclusions through the thickness of the plastic preforms)).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Finger et al. (US 2020/0307064) and Voss et al. (US 4,856,978) as applied to claim 1 above, further in view of Blochmann et al. (DE102017126240, English translation provided).
Regarding claim 6, Finger in the combination does not explicitly disclose that, the heating power is controlled via at least a first and a second corner recipe and is linearly interpolated, wherein the first corner recipe containing a first heating power and the second corner recipe containing a second heating power. In the same field of endeavor, treating plastic preforms, Blochmann discloses that, as illustrated in Figs. 1-2, the process parameters associated with at least one further process speed are at least partially determined using at least two corner recipes, so that an adaptation of the process speed of the blow molding machine to a speed of at least one further treatment device is made possible (page 3, [0006]). Blochmann discloses that, the process parameters between a first corner recipe, which contains a first speed, and a second corner recipe, which contains a second speed, are interpolated according to a mathematical rule (page 5, [0014]).
It would have been obvious to use the method of the combination to have the heating treatment of the preforms as Blochmann teaches that it is known to have the heating power is controlled via at least a first and a second corner recipe and is linearly interpolated, wherein the first corner recipe containing a first heating power and the second corner recipe containing a second heating power. It has been held that the combination of known technique to improve similar methods 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 9/2/2025 have been fully considered.
In response to applicant’s arguments (as amended) in claim 1 that, Figure does not anticipate a stepless adjustment of the heating power of the heating devices and the transport speed of the plastic preforms is stepless, it is persuasive.
However, Finger discloses that, the heating power of each heating device and/or also of adjacent heating devices is controlled and/or changed individually and/or independently of each other. In this way it is possible to supply or to heat the plastic preforms along their longitudinal direction with a changing temperature profile ([0040], lines 6-9).
Because the changing temperature profile along the longitudinal direction of each of the preforms has to be less disturbance without any abrupt changes ([0003]; it is noticed that, disturbance variables of different temperatures of the plastic preforms are brought some potential problems such as inconsistent storage of the containers (lines 12-14)), at least each individual heating device is capable of providing the heating power from 0% to 100% without any gap.
See labels in attached annotated Figure I, the neighboring (individual) heating elements provide different heating power (e.g., providing 78% power, 79% power or 0 % power) at different locations.
Thus, there is no reason to rule out the capability of each of the heating devices to provide the changing of the heating power from 0% to 100% continuously without any gap instead of only capable of providing 78% power, 79% power or 0 % power as disclosed.
Thus, 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 Finger to disclose that, the heating power of the heating devices is continuously or stepless controlled.
Further, in the same field of endeavor, conveying preforms for blow molding, Voss discloses that, as illustrated in Figs. 1, 2, this rotational movement is transmitted to the preforms 5. For an even distribution of temperature in the preforms, these later are conducted through the heating station 22. The rotational speed is adjustable, as desired, by the stepless adjustment of the speed of rotation of the pertinent driving means (col. 5, lines 5-11).
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Annotated Figure I (based on Fig. 2 in the teachings of Finger)
Conclusion
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.
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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
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741