DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/09/2025 has been entered.
Election/Restrictions
Newly submitted claims 23-27 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The newly added claims are referring to different species than the originally examined species of claim 3.
Species I: claim 3 (step of preforming while closing the first and second side mold parts or portions and moving the base mold part upwardly).
Species II: claims 23-27 (step of preforming while the movable base mold part or portion is in the retracted position and/or after the base mold part or portion has been moved upwardly from the retracted or lowered position).
It appears that Species II approaching the preforming step in different conditions than the originally filed and examined claim of Species I.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 23-27 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2, 3, 5-8, and 10-22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Melrose (U.S. Pub. No. 2006/0138074) in view of Whitley (U.S. Pub. No. 2005/0073077).
Regarding claim 2: Melrose discloses a method of processing a plastic container having a longitudinal axis, the method comprising:
blow-molding the plastic container having an upper portion including a finish, a sidewall, see for example (Figs. 11a-d & paragraph 0094, “the container may be blow moulded”), a lower portion including a base portion defining a standing surface extending inward to a push- up portion (Figs. 8-12; via base 2 & push-up portion of panel 20 in response to mechanical pusher 22), the push-up portion having an external surface configured to engage or contact a mechanical device (via device 22), the external surface configured to move longitudinally upward under a mechanical force, the push-up portion surrounded by an inversion pressure panel (Figs. 7-10; via panel 11 surrounding the push up area), wherein the push-up portion and the inversion pressure panel merge via a first annular hinge comprising a first radius (via the hinge structure 13), the inversion pressure panel surrounded by a second hinge portion on a widest diameter of the inversion pressure panel (Figs. 13-14; via the shown two points of hinge 13 and/or inverts portion 31), the second hinge surrounded by an instep or recessed portion (via recess 8), and the instep or recessed portion surrounded by a mold parting line, wherein the mold parting line and the instep or recessed portion is formed by a movable push-up mold part that extends into the base as the container is being blow molded (via the shown push-up mold part of base 2), wherein: in an as-blown position the inversion pressure panel comprises a substantially continuous conical area extending around the base (via the shown central conical portions of base 2 and/or conical portion of the vacuum panel 11), and outward below the second hinge portion and above the first annular hinge at an angle greater than 30 degrees relative to a plane perpendicular to the longitudinal axis (abstract; “a steeply angled inventing conical section between 30 and 45 degrees”), and such that the inversion pressure panel is further from the opening than the second hinge portion, and further wherein the inversion pressure panel is configured to begin inversion at the region of widest diameter near the second hinge portion to locate the inversion pressure panel between the instep or recessed portion and the upper portion of the container when the inversion pressure panel is in the inwardly inclined position, wherein the push-up portion and the inversion pressure panel merge via the first annular hinge to comprise a second radius after the external surface has been mechanically moved by the mechanical device, see for example (Figs. 8-12; via the shown steps of converting and pushing up the pressure panel of base 2).
Melrose does not suggest the claimed actual mold via blow mold cavity comprising:
a first side mold part or portion:
a second side mold part or portion,
and.
a movable base mold part or portion being movable with respect to the first and second side mold parts or portions;
the first and second side mold parts or portions and the movable base mold part or portion being closed around a preform made of a softened polymer material to form the mold cavity, wherein the closed mold cavity corresponds to a shape of the plastic container to be molded therein;
wherein, the blow-molding comprises:
closing the first and second side mod parts or portions around the perform;
moving the movable base mold part or portion to a location withing an open bottom region of the first and second side mold parts or portions to close the mold cavity around the preform with the movable base mold part or portion in a retracted or lowered position;
inserting a stretch rod into a neck portion of the preform;
elongating the preform through insertion of the stretch rod;
expelling air or another medium under a first or pressure step to inflate the preform into partial conformity with the mold cavity; and,
expelling air or another medium under a second or blowing pressure step to inflate the preform into substantially complete conformity with the mold cavity;
wherein, during expelling of the air or other medium, the movable base mold part or portion is moved within the closed mold cavity from the retracted or lowered position upwardly along a vertical or longitudinal direction to an extended position.
However, Whitley discloses similar method with the claimed mold cavity comprising first and second side mold parts, movable base mold part (Fig. 2; via 32 & 34); wherein, the blow molding comprises inserting the preform into the mold cavity, closing the first and second side mod parts or portions around the perform; moving the movable base mold part or portion to a retracted or lowered position with insertion of stretch rod into a neck portion and elongating the perform through insertion of the stretch rod and partially inflating the preform under pressure, see for example (Fig. 4; via insert or preform 38, blow mold cavity 36, stretch rod 40); inflating the preform into complete conformity with the mold cavity under an increased pressure during a final blowing step (Fig. 4; via cavity 36 under pressure by rod 40 and/or “air pressure”); the base mold part or portion is moved upwardly along a vertical or longitudinal direction during the final blowing step between the first and second side mold parts (Fig. 4; via vertical movement of “retracted” base mold part 48a on base 34).
Also, indicates a step of expelling air or another medium under blowing pressure to inflate the preform into complete conformity with the mold cavity, see for example (paragraph 0007; “the preform…blown into the shape of the final product (e.g., a roller bottle) using pressurized air”), while during the expelling step the movable base mold part or portion is moved withing the closed mold cavity, see for example (Fig. 4; showing the step of moving mold parts and/or base during the blowing process).
Therefore, it would have been obvious to one having ordinary skill in the art, at the invention was made to have modified Melrose’s method by using and/or having a molding structure with a mold cavity and expelling air under blowing pressure to inflate the preform while parts of the mold elements are moving, as suggested by Whitley, in order to improve and expedite the process and form or shape containers freshly out of mold without stress cracking in the walls of the molded containers (paragraph 0015).
Regarding claim 3: Whitley discloses that the first and second side mold parts or portions comprise the standing surface and closing the first and second side mold parts or portions and moving the base mold part or portion upwardly create a closed mold combination of at least three parts or portions after inserting a preform into the open mold combination, see for example (Fig. 4; via the shown movable bottom member 48a on base 34).
Regarding claim 5: Melrose further showing an inner wall extends in an upward direction from the standing surface to the hinge or inversion pressure panel and comprises the instep or recessed portion (via the hinged/sloped inwardly section of 31 and/or ribs 3).
Regarding claim 6: Melrose discloses that the inner wall has a length that exceeds a longitudinal height of the inversion pressure panel (Figs. 3-4; via 3).
Regarding claim 7: Melrose discloses that the inner wall includes a first and/or a second portion separating the instep or recessed portion from the standing surface such that the instep or recessed portion is closer to the opening than the standing surface (via the shown grooves or curved up portion at 8 and/or area at recess 8).
Regarding claim 8: Melrose shows the first portion and/or the second portion comprise(s) concave rings (Fig. 5; via concave rings around 8 and/or 13).
Regarding claim 10: Melrose shows the inversion pressure panel comprises a plurality of flutes, ribs or creases (via ribs 3).
Regarding claim 11: Melrose shows the push-up portion is recessed inwardly into the container (Figs. 11-12; via the shown push up portion bushed by mechanism 22).
Regarding claim 12: Melrose further comprising the steps of: introducing heated liquid contents into the container; capping or sealing the container; and moving the inversion pressure panel from an outward position to an inward position with the mechanical device or an inversion device (paragraph 0003; “holding a heated liquid”).
Regarding claim 13: Melrose further comprising the step of providing the container in the as-blown position for filling with heated liquid contents (paragraph 0003; “holding a heated liquid”); (c) introducing the heated liquid contents into the plastic container in the as-blown position (paragraph 0003; “This thermal shock is a result of either introducing the liquid hot at filling, or heating the liquid after it is introduced into the container”); (d) capping or sealing the plastic container (paragraph 0066; “the containers will be filled with a hot liquid and then capped”); and, (e) moving or inverting the inversion pressure panel relative to the as-blown position such that the inversion pressure panel extends inward to be closer to the opening than the instep or recessed portion, wherein the inversion pressure panel is mechanically moved from the as- blown position to the final position with the mechanical or inversion device and causes a change of radius from the first radius to the second radius (Figs. 11-12; via the shown pushed-up panel using mechanism 22).
Melrose does not suggest the claimed actual mold via blow mold cavity comprising:
a first side mold part or portion:
a second side mold part or portion,
and.
a movable base mold part or portion being movable with respect to the first and second side mold parts or portions;
the first and second side mold parts or portions and the movable base mold part or portion being closed around a preform made of a softened polymer material to form the mold cavity, wherein the closed mold cavity corresponds to a shape of the plastic container to be molded therein;
wherein, the blow-molding comprises:
closing the first and second side mod parts or portions around the perform;
moving the movable base mold part or portion to a location withing an open bottom region of the first and second side mold parts or portions to close the mold cavity around the preform with the movable base mold part or portion in a retracted or lowered position;
inserting a stretch rod into a neck portion of the preform;
elongating the preform through insertion of the stretch rod;
expelling air or another medium under a first or pressure step to inflate the preform into partial conformity with the mold cavity; and,
expelling air or another medium under a second or blowing pressure step to inflate the preform into substantially complete conformity with the mold cavity;
wherein, during expelling of the air or other medium, the movable base mold part or portion is moved within the closed mold cavity from the retracted or lowered position upwardly along a vertical or longitudinal direction to an extended position.
However, Whitley discloses similar method with the claimed mold cavity comprising first and second side mold parts, movable base mold part (Fig. 2; via 32 & 34); wherein, the blow molding comprises inserting the preform into the mold cavity, closing the first and second side mod parts or portions around the perform; moving the movable base mold part or portion to a retracted or lowered position with insertion of stretch rod into a neck portion and elongating the perform through insertion of the stretch rod and partially inflating the preform under pressure, see for example (Fig. 4; via insert or preform 38, blow mold cavity 36, stretch rod 40); inflating the preform into complete conformity with the mold cavity under an increased pressure during a final blowing step (Fig. 4; via cavity 36 under pressure by rod 40 and/or “air pressure”); the base mold part or portion is moved upwardly along a vertical or longitudinal direction during the final blowing step between the first and second side mold parts (Fig. 4; via vertical movement of “retracted” base mold part 48a on base 34).
Also, indicates a step of expelling air or another medium under blowing pressure to inflate the preform into complete conformity with the mold cavity, see for example (paragraph 0007; “the preform…blown into the shape of the final product (e.g., a roller bottle) using pressurized air”), while during the expelling step the movable base mold part or portion is moved withing the closed mold cavity, see for example (Fig. 4; showing the step of moving mold parts and/or base during the blowing process). Further, the first annular hinge comprises a first radius before the external surface has been moved under the mechanical force (Fig. 4; inherently blow molding tube 38 into container shape, the bottom section will have different radius prior to finally formed or pushed by the base shaping section 43, 54, and 56), while having the base mold to be recessed (Fig. 3; via the shown base mold 34 with different recesses).
Therefore, it would have been obvious to one having ordinary skill in the art, at the invention was made to have modified Melrose’s method by using and/or having a molding structure with a mold cavity and expelling air under blowing pressure to inflate the preform while parts of the mold elements are moving, while having the first annular hinge comprises a first radius before the external surface has been moved under the mechanical force and having the base mold to be recessed, as suggested by Whitley, in order to improve and expedite the process and form or shape containers freshly out of mold without stress cracking in the walls of the molded containers (paragraph 0015).
Regarding claim 14: Melrose discloses the moving the inversion pressure panel to the final position increases the pressure within the container (abstract; “to compensate for vacuum or reduced pressure”).
Regarding claim 15: Melrose further suggests the moving the inversion pressure panel to the final position creates a positive pressure within the container (paragraph 0095; “pressure is reached or even a slightly positive pressure is achieved”).
Regarding claim 16: Melrose further comprising the step of cooling the heated liquid contents to create a vacuum (via “liquid cools down”).
Regarding claim 17: Melrose discloses that moving the inversion pressure panel to the final position increases the pressure within the container and compensates for at least a portion of the vacuum created during the cooling of the heated liquid contents (abstract; “to compensate for vacuum or reduced pressure”).
Regarding claim 18: Melrose shows substantially all the vacuum is compensated for (abstract; “to compensate for vacuum or reduced pressure”).
Regarding claim 19: Melrose further suggests that wherein the inversion pressure panel is configured to begin inversion at the region of widest diameter near the second hinge portion to locate the inversion pressure panel between the instep or recessed portion and the upper portion of the container when the inversion pressure panel is in the inwardly inclined position, see for example (Figs. 11-12, shows the inverting process with different diameters and shapes of the base 2), wherein the push-up portion and the inversion pressure panel merge via the first hinge to comprise a second radius after the external surface has been mechanically moved by the mechanical device or an inversion device (Figs. 11-12; via at base 2 and/or portion 20);(b) providing the container in the as-blown position for filling with heated liquid contents (“holding a heated liquid”); (c) introducing heated liquid contents into the plastic container in the as-blown position; (d) capping or sealing the plastic container (“filled and capped container”); and, (e) moving or inverting the inversion pressure panel relative to the as-blown position such that the inversion pressure panel extends inward so as to increase the pressure within the plastic container with the mechanical or inversion device after the container has been filled and capped (Figs. 11-12; via the extended inwardly portions 20).
Melrose does not suggest the claimed actual mold via blow mold cavity comprising:
a first side mold part or portion:
a second side mold part or portion,
and.
a movable base mold part or portion being movable with respect to the first and second side mold parts or portions;
the first and second side mold parts or portions and the movable base mold part or portion being closed around a preform made of a softened polymer material to form the mold cavity, wherein the closed mold cavity corresponds to a shape of the plastic container to be molded therein;
wherein, the blow-molding comprises:
closing the first and second side mod parts or portions around the perform;
moving the movable base mold part or portion to a location withing an open bottom region of the first and second side mold parts or portions to close the mold cavity around the preform with the movable base mold part or portion in a retracted or lowered position;
inserting a stretch rod into a neck portion of the preform;
elongating the preform through insertion of the stretch rod;
expelling air or another medium under a first or pressure step to inflate the preform into partial conformity with the mold cavity; and,
expelling air or another medium under a second or blowing pressure step to inflate the preform into substantially complete conformity with the mold cavity;
wherein, during expelling of the air or other medium, the movable base mold part or portion is moved within the closed mold cavity from the retracted or lowered position upwardly along a vertical or longitudinal direction to an extended position.
However, Whitley discloses similar method with the claimed mold cavity comprising first and second side mold parts, movable base mold part (Fig. 2; via 32 & 34); wherein, the blow molding comprises inserting the preform into the mold cavity, closing the first and second side mod parts or portions around the perform; moving the movable base mold part or portion to a retracted or lowered position with insertion of stretch rod into a neck portion and elongating the perform through insertion of the stretch rod and partially inflating the preform under pressure, see for example (Fig. 4; via insert or preform 38, blow mold cavity 36, stretch rod 40); inflating the preform into complete conformity with the mold cavity under an increased pressure during a final blowing step (Fig. 4; via cavity 36 under pressure by rod 40 and/or “air pressure”); the base mold part or portion is moved upwardly along a vertical or longitudinal direction during the final blowing step between the first and second side mold parts (Fig. 4; via vertical movement of “retracted” base mold part 48a on base 34).
Also, indicates a step of expelling air or another medium under blowing pressure to inflate the preform into complete conformity with the mold cavity, see for example (paragraph 0007; “the preform…blown into the shape of the final product (e.g., a roller bottle) using pressurized air”), while during the expelling step the movable base mold part or portion is moved withing the closed mold cavity, see for example (Fig. 4; showing the step of moving mold parts and/or base during the blowing process). Further, discloses the outer wall or heel portion are formed against separate mold parts or portions while the container is being blow molded (Fig. 4; via the shown different lower/central mold portion 34).
Therefore, it would have been obvious to one having ordinary skill in the art, at the invention was made to have modified Melrose’s method by using and/or having a molding structure with a mold cavity and expelling air under blowing pressure to inflate the preform while parts of the mold elements are moving, also having the outer wall or heel portion are formed against separate mold parts or portions while the container is being blow molded, as suggested by Whitley, in order to improve and expedite the process and form or shape containers freshly out of mold without stress cracking in the walls of the molded containers (paragraph 0015).
Regarding claim 20: Melrose shows that the standing surface comprises a plurality of footed or support portions having a downwardly inclined outer annular wall portion to form a discontinuous or footed contact surface for supporting the container (Figs. 2-7; via any of 4, 6, or 8 could be considered as footed portions supporting the standing container).
Regarding claim 21: Melrose shows the base further includes a plurality of webs extending radially along the base portion away from the inversion pressure panel toward an outer wall or a heel portion, each one of the webs having a surface that is radially displaced between the footed or support portions and longitudinally displaced upwardly from the footed contact surface (Figs. 5-8; via ribs 3).
Regarding claim 22: Melrose discloses that the push-up portion and the inversion pressure panel merge via the first annular hinge to comprise a first radius before the external surface has been mechanically moved by the mechanical device and comprise a second radius after the external surface has been mechanically moved by the mechanical device, see for example (Figs. 12-15; via the formed base radius of the folding panel 20 at Fig. 12a before the push-up is different than the one shown in Fig. 12c after the push-up step).
Also, Whitley discloses similar steps of forming a base with different radius before and after the push-up step, see for example (Fig. 4; via the blowing and/or formation process of tube 38 into container 58 at some point the base radius before the mold fully gets shaped by the base push-up 34 is different than after completely shaped by 34).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2, 3, 5-8, and 10-22 have been considered but are moot because the new ground of rejection adjusted to address the amended and newly added limitations to the claims.
As set forth above, giving the claims the broadest reasonable meaning, the Office still believes that the applied art of Whitley ‘077 discloses the latest amended claims referring to the mold having a cavity, first and second side parts, and vertical movement of a bottom part, see for example (Figs. 2 & 4; via side mold sections 37 and retracted and vertical base section 34). Also, suggests the step of expelling of air under a blowing pressure while moving the base mold part or portion withing the closed mold cavity, see for example paragraph 0007; “the preform…blown into the shape of the final product (e.g., a roller bottle) using pressurized air”), and (Fig. 4; showing different steps of the blow molding formation while mold parts and the lower base shaping mold is moving).
In response to applicant's argument that the references fail to show claimed steps
-"expelling air or another medium under a first or pressure step to inflate the preform into
partial conformity with the mold cavity;"
-"expelling the air or another medium under a second or blowing pressure step to inflate
the preform into substantially complete conformity with the closed mold cavity,"
-"during expelling of the air or other medium, the movable base mold part or portion is
moved within the closed mold cavity from the retracted or lowered position upwardly
along a vertical or longitudinal direction to an extended position;"
-"the first and second side mold parts or portions include an outer wall or heel surface to
form a first part of a base portion of the container;" and,
-“wherein the movable base mold part or portion includes an instep or recessed portion to form a second part of the base portion of the container”.
The Office as stated forth above believes that ‘077 do suggest those steps, see for example paragraph 0007; “the preform…blown into the shape of the final product (e.g., a roller bottle) using pressurized air”), and (Fig. 4; showing different steps of the blow molding formation while mold parts and the lower base shaping mold is moving, and Fig. 3 shows recesses on the base mold 34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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