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 .
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Regarding Claim 1, Applicant argues that Livacich does not disclose such a device as claimed in Claim 1, specifically the hold-down device, and at best Livacich discloses that the tracks hold down the covers. In response, Examiner would like to make reference to modified Figure 4 shown below. As shown by the arrow, there is an open space above each of the guide surfaces in order to leave room to hold the lid. Further, as shown by the circle in modified Figure 4, the tracks comprise a protrusion that acts as a hold-down device to restrict the movability of the lid. The protrusion is located on both tracks, and they point inwards to one another, making them arranged between the tracks. Due to the broad language of the claim limitations describing the guide surfaces and hold-down device, the Examiner is able to use the art of Livacich to reject the claims.
Regarding Claims 2-12 and 15-16, Applicant does not provide any arguments based upon the claims respective rejections other than to state these claim rejections should be traversed under Claim 1.
For the foregoing reasons, the claims stand rejected.
Claim Objections
Claims 1, 2, 10, 15 and 16 are objected to because of the following informalities:
All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of "currently amended," and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of "currently amended," or "withdrawn" if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as "withdrawn— currently amended.". The newly Amended Claims 1, 2, 10, 15 and 16 (01/16/2026) differs from the previously presented Claims 1, 2, 10, 15 and 16 (07/06/2023) in ways that have not been submitted with markings to indicate the changes (i.e. No added or removed limitations in these claims have been marked).
Appropriate correction is required.
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.
(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 1-12 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Livacich (United States Patent US 2,660,968 A).
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Marked Up Figure 4
Regarding Claim 1, Livacich teaches A feeding device for a sealer for guiding a lid to a container, (Figure 1: Shows can closing machine)comprising; a movement device arranged in a movable manner in such a way that the lid is capable of being moved by the movement device;(Figure 1: Spider wheel 46) a lid guide arranged at the movement device and configured to guide the lid to the container, (Figure 1: Tracks 56) the lid guide comprising a first rail with a first guide surface and a second rail with a second guide surface being open at the top(Marked up Figure 4: Area above surface open so the lid can rest on the surface)the lid capable of being arranged between the first guide surface and the second guide surface in such a way that the lid is capable of being guided to the container by relative movement of the movement device to the first guide surface and the second guide surface;(Figure 1: Cover B moved along tracks 56 by wheel 46)and a hold-down device arranged between the first rail and the second rail so as to be capable of restricting movability of the lid in a spatial direction.(Figure 4: The protrusions on tracks 56 located between one another restrict the movement of the cover B from lifting up)
Regarding Claim 2, Livacich teaches the feeding device according to claim 1, as seen above. Livacich further discloses wherein the lid guide is stationarily arranged in such a way that the lid is capable of being guided to the container by the movement of the movement device along the lid guide.(Figure 1: Feed fingers 57).
Regarding Claim 3, Livacich teaches the feeding device according to claim 1, as seen above. Livacich further discloses wherein the movement device comprises a carrier, the carrier is attached to the movement device in such a way that the lid is capable of being received by the carrier and moved by the carrier in the lid guide.(Figure 1: Feed fingers 57)
Regarding Claim 4, Livacich teaches the feeding device according to claim 3, as seen above. Livacich further discloses wherein the carrier is arranged in a movable manner between the first guide surface and the second guide surface.(Figure 1: Feed fingers 57 moving between tracks 56)
Regarding Claim 5, Livacich teaches the feeding device according to claim 3, as seen above. Livacich further discloses wherein the carrier is one of a plurality of carriers of the movement device, so that a plurality of the lids is capable of being received by the plurality of carriers and moved by the lid guide.(Figure 1: Plurality of Feed fingers 57)
Regarding Claim 6, Livacich teaches the feeding device according to claim 5, as seen above. Livacich further discloses wherein the plurality of carriers is arranged distributed along a circumference of the movement device.(Figure 1: Plurality of Feed fingers 57)
Regarding Claim 7, Livacich teaches the feeding device according to claim 6, as seen above. Livacich further discloses wherein the plurality of carriers is arranged circularly along the circumference of the movement device.(Figure 1: Plurality of Feed fingers 57)
Regarding Claim 8, Livacich teaches the feeding device according to claim 1, as seen above. Livacich further discloses wherein the movement device is arranged rotatably about an axis by a shaft, so that the lid is capable of being moved by a rotation of the movement device.(Figure 1: Wheel 46 mounted on vertical shaft 48)
Regarding Claim 9, Livacich teaches the feeding device according to claim 8, as seen above. Livacich further discloses wherein the movement device has a shape of a disk and the shaft is arranged at a center point of the movement device(Figure 1: Wheel 46 mounted on vertical shaft 48)
Regarding Claim 10, Livacich teaches the feeding device according to claim 1, as seen above. Livacich further discloses wherein the second rail runs parallel to the first rail and the lid is capable of being guided to the container by the first and the second rails.(Figure 4: Tracks 56)
Regarding Claim 11, Livacich teaches the feeding device according to claim 10, as seen above. Livacich further discloses wherein the first or the second rail is formed by a plurality of rail elements.(Figure 4: Tracks 56 with a plurality of projections to hold the cover B)
Regarding Claim 12, Livacich teaches the feeding device according to claim 10, as seen above. Livacich further discloses wherein a recess is disposed between the first rail and the second rail in such a way that the movement device is capable of being moved through the recess for moving the lid.(Figure 1: Cover B moved along tracks 56 by wheel 46)
Regarding Claim 15, Livacich teaches A sealer, comprising: a carousel with a plurality of sealing devices;(Figure 1: Shows can closing machine)a container feeder for feeding the container to the carousel;(Figure 1: Feed dog 24)a feeding device comprising; a movement device arranged in a movable manner in such a way that the lid is capable of being moved by the movement device;(Figure 1: Spider wheel 46) a lid guide arranged at the movement device and configured to guide the lid to the container, (Figure 1: Tracks 56) the lid guide comprising a first rail with a first guide surface and a second rail with a second guide surface being open at the top(Marked up Figure 4: Area above surface open so the lid can rest on the surface)the lid capable of being arranged between the first guide surface and the second guide surface in such a way that the lid is capable of being guided to the container by relative movement of the movement device to the first guide surface and the second guide surface;(Figure 1: Cover B moved along tracks 56 by wheel 46)and a hold-down device arranged between the first rail and the second rail so as to be capable of restricting movability of the lid in a spatial direction.(Figure 4: The protrusions on tracks 56 located between one another restrict the movement of the cover B from lifting up) and an outlet for the container that has been sealed from the carousel.(Figure 1: Rotatable sleeve 28 after assembling station C)
Regarding Claim 16, Livacich teaches A method for sealing a container with a lid, comprising: (Figure 1: Feed dog 24)a feeding device comprising; a movement device arranged in a movable manner in such a way that the lid is capable of being moved by the movement device;(Figure 1: Spider wheel 46) a lid guide arranged at the movement device and configured to guide the lid to the container, (Figure 1: Tracks 56) the lid guide comprising a first rail with a first guide surface and a second rail with a second guide surface being open at the top(Marked up Figure 4: Area above surface open so the lid can rest on the surface)the lid capable of being arranged between the first guide surface and the second guide surface in such a way that the lid is capable of being guided to the container by relative movement of the movement device to the first guide surface and the second guide surface;(Figure 1: Cover B moved along tracks 56 by wheel 46)and a hold-down device arranged between the first rail and the second rail so as to be capable of restricting movability of the lid in a spatial direction.(Figure 4: The protrusions on tracks 56 located between one another restrict the movement of the cover B from lifting up)and transporting the lid to the container by the feeding device; and placing the lid on an opening of the container; and sealing the container with the lid.(Figure 1: Wheel 46 transporting covers B along tracks 56 to be aligned on the cans A)
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651