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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 18, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed March 5, 2026, with respect to the rejection(s) of claim(s) 1-7, 9-12 and 15-20 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of the Webster reference.
Specifically, the Examiner is taking the interpretation that the claimed casing is equivalent to elements 12 and 13 of Webster and the claimed machine upper part is equivalent to the assembly 18 of Webster since the only structure defining the machine upper part is that is has at least one sealing head which Webster discloses element 18 as encompassing seaming head 35. Therefore based on this new interpretation, the casing does in fact support the machine upper part as stated in column 8 lines 8-9 where it is disclosed that “the seaming turret assembly 18 being carried by, and rotatably in, the upper casing 13” and additionally in column 11 lines 14-18 Webster further discloses “the upper casing 13 carries a light, outer protective shield 71,…which protects both the seamer and the exposed product in the cans from external dirt and contamination”, thereby meeting the claimed limitation of a casing surrounding and shielding the working space.
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.
Claim(s) 1-7, 9-12, 15, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Webster (US 4,152,997).
In reference to claim 1, Webster discloses a sealer for sealing a container comprising
a machine bottom part (10) for arranging the sealer on a ground [see figure 1],
a working space, the container capable of being sealed in the working space,
a casing (12 & 13) surrounding the working space arranged on the machine bottom part, and
a machine upper part (18) having comprises a sealing head (35) to attach a lid on the container [see figure 5; col. 8 lines 8-9],
the machine upper part (18) arranged on the casing in such a way that the machine upper part is supported by the casing on the machine bottom part and the elements to seal the container are arranged in the working space [see col. 8 lines 3-10; machine upper part 18 is carried by upper casing 13].
In reference to claim 2, the machine upper part (18) is attached to the casing (12, 13) in such a way that the machine upper part is exclusively supported on the machine bottom part via the casing [see figure 5].
In reference to claim 3, the machine upper part (18) is arranged on the casing in such a way that the machine upper part is exclusively supported on the machine bottom part via the casing, as seen in figure 5.
In reference to claim 4, the machine bottom part comprises a support plate [see figure 2] and the casing is arranged on the support plate in such a way that the machine upper part is supported on the support plate via the casing [see figures 2 & 3].
In reference to claim 5, the casing (12, 13) comprises a mounting plate and the machine upper part is arranged on the mounting plate.
In reference to claim 6, the mounting plate comprises a mounting opening and the machine upper part is arranged in the mounting opening in such a way that the machine upper part projects into the working space [see figures 2 &3].
In reference to claim 7, the support plate is arranged opposite from the mounting plate so that the working space is arranged between the support plate and the mounting plate.
In reference to claim 9, the sealing head (35) comprises a seaming device configured to seam the lid to the container [see figures 3 & 5].
In reference to claim 10, the seaming device comprises a seaming roll and a seaming head (42) [see col. 10 lines 1-7].
In reference to claim 11, the sealing head comprises a seaming shaft rotatable about a seaming axis and the seaming device is arranged at one end of the seaming shaft, as seen in figure 3.
In reference to claim 12, the machine upper part (18) comprises an ejection element (spring 241) arranged on the seaming shaft and the ejecting element is movably arranged along the seaming axis in such a way that the container is capable of being ejected in an operating state [see col. 18 lines 43-65; spring applies downward force to seaming head].
In reference to claim 15, the casing (12, 13) comprises a first door and a second door arranged on different sides of the casing, as seen in figure 1.
In reference to claim 18, Webster discloses a method of sealing a container with a lid, comprising the steps of
providing a sealer according to claim 1,
supplying the lid and the container to the working space,
positioning the lid on the container,
sealing the container with the lid, and
discharging the sealed container from the working space [see figures 1-4].
In reference to claim 19, the sealing comprises a seaming of the lid to the container by at least one seaming roll (245) and a seaming head (42).
In reference to claim 20, the machine upper part (18) comprises a plurality of sealing heads to attach a lid on the container [seaming turret 18 encompasses a plurality of seaming devices].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Debra M Sullivan/
Primary Examiner, Art Unit 3725
Prosecution Insights