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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 37-53 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 37 and 52, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 37 recites the limitation “said cover.” There is insufficient antecedent basis for this limitation in the claim. Previously, “a cover sheet” is recited, and it is unclear if “said cover” is the same as “a cover sheet.” For purposes of examination, they are taken to be the same.
Claims 41, 42, 43, 45, 48, 49, and 50 recites the phrase “preferably," and it is unclear whether the limitations following “preferably” are required as part of the claimed invention.
Claim 43 recites the limitation “F1.” There is insufficient antecedent basis for this limitation in the claim. Previously, “force F” is recited, and it is unclear if “F1” is the same as “a force F.” For purposes of examination, they are taken to be the same.
Claims 45 the phrase “preferred," and it is unclear whether the limitations following “preferred” are required as part of the claimed invention.
Claim 44 recites the limitation “the plurality of radially extending open grooves.” There is insufficient antecedent basis for this limitation in the claim, as in claim 37, “a plurality of radially extending open grooves” is “optionally” claimed, so “the plurality of radially extending open grooves” lacks antecedent basis in the case when “a plurality of radially extending open grooves” is not included in the claimed invention.
Claim Rejections - 35 USC § 103
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 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.
Claims 37-40, 43, 46-47, and 50-51 rejected under 35 U.S.C. 103 as being unpatentable over Doglioni (US20150208852) in view of Eichler (US20110315021).
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Fig. 3 of Doglioni
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Fig. 8 of Doglioni
Regarding claim 37, Doglioni teaches a system for preparing a potable beverage from a capsule (1) using a fluid supplied under pressure into the capsule comprising:
a beverage preparation device (20) comprising an enclosing member (21) for receiving the capsule (1), wherein the enclosing member (15) comprises fluid injection (16) means for supplying fluid under pressure into the capsule (1), wherein the beverage preparation device (20) further comprises a closing member (22), such as an extraction plate, for closing the enclosing member (21) of the beverage preparation device (20), wherein said enclosing member (21) has an annular end (10) with an annular end surface (10, 18, 19),
said annular end (10, 18, 19) surface optionally being provided with a plurality of radially extending open grooves (18);
a capsule (1) containing a substance ([0020] a hollow body where said product is contained) for the preparation of a potable beverage by extracting and/or dissolving the substance (3) by means of supplying a fluid under pressure ([0002] hot water under pressure, can be supplied to the capsule for the extraction or reconstitution of the beverage from the dose of product contained therein) into the capsule (1), said capsule comprising:
a capsule body (1) having a central capsule body axis (Fig. 3), said capsule body (1) comprising a bottom (3), a side wall (2), an outwardly extending flange (4)
and a sealing structure (5) at said flange (4); and
a cover sheet (13) attached to said flange (4) and hermetically closing off the capsule (1);
wherein said sealing structure (5) is deformable ([0033] the protrusion is at least in part plastically deformable) and in fluid sealing contact with said annular end surface (10, 18, 19) if the capsule (1) is positioned in said enclosing member (21) and said enclosing member (21) is closed by means of said closing member (22), at least portions of said flange (4) and said sealing structure (5) being clamped between said annular end surface (10, 18, 19) and said closing member (22);
wherein said sealing structure (5) includes a deformable sealing ring (5, [0060] the diameter of the circle defined by the sealing protrusion 5 (as previously mentioned the protrusion is in the form of a circumference concentric with the lateral wall 2 of the capsule)) portion of said flange (4), said sealing ring portion (5) projecting axially from base portions of said flange (4), to which said cover (13) is attached, on a side of said base portions (4) facing said enclosing member (22) when said capsule (1) is in said enclosing member (22),
said deformable sealing ring portion (5, Figs. 8-9) comprising:
an inner wall portion (7) extending from and contiguous with an inner base portion of said flange (4);
an outer wall portion (Fig. 8, outer portion of protrusion 5) extending from and contiguous with an outer base portion of said flange (4, [0064] flange 4 is divided by sealing protrusion 5)
said outer wall (Fig. 8, outer portion of protrusion 5) being located radially outward of and radially spaced from said inner wall portion (7, Fig. 8); and
a bridge portion (Fig. 8 point of protrusion 5) interconnecting said inner wall portion (7) and said outer wall portion (Fig. 8, outer portion of protrusion 5),
said bridge portion (Fig. 8 point of protrusion 5) being located axially spaced from said base portions of said flange (4, Fig. 8);
wherein, in radial cross-sectional view, a top of said bridge portion axially most remote from said base portions of the flange is flat (Fig. 8, point of protrusion 8 is flat at the top) or has a center plane curved with a radius of curvature larger than two times a wall thickness of said top of said bridge portion.
Doglioni is silent on an aluminum capsule body.
Eichler teaches an aluminum capsule body (4, [0038] aluminum).
Doglioni and Eichler are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni to incorporate the teachings of Eichler to have the capsule body be aluminum in order to enable an ingredients to be sealed within a capsule using methods such as heat sealing (Eichler [0039]).
Regarding claim 38, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches wherein said annular end surface (10, 18, 19) is positioned for first contacting said top of said bridge portion (Fig. 3, 8, point of protrusion 5) when said sealing ring portion (5) is clamped between said annular end surface (10, 18, 19) and said closing member (22).
Regarding claim 39, Doglioni and Eichler teaches the system according to claim 38, and Doglioni teaches wherein, in cross-sectional view, said top of said bridge portion (Fig. 3, 8, point of protrusion 5) is located centrally relative to said annular end surface for first contacting a central portion of said annular end surface (10, 18, 19 Fig. 3 [0058]) when said sealing ring portion (5) is clamped between said annular end surface (10, 18, 19) and said closing member (22).
Regarding claim 40, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches wherein at least a portion of the top of said bridge portion (Fig. 8 top of protrusion 5) of the capsule (1) has a reduced wall thickness smaller than a wall thickness of said inner and outer wall portions ([0066] Fig. 8 where it is understood that the walls of protrusion 5 end in a point that is thinner in thickness).
Regarding claim 43, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches wherein the system is arranged such that, in use, prior to or at the start of brewing ([0029] start of brewing), said annular end surface (10, 18, 19) exerts a force F on the sealing structure (5) of the capsule (1) to provide a sealing contact between said flange (4) and said annular end surface (10, 18, 19 [0029] the edge of the receptacle is initially contacting the sealing protrusion), but is silent on wherein F1 is in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N, when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar.
Eichler teaches when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar ([0152] 4 bar).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni to incorporate the teachings of Eichler to have the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar so in order to enable tearing of the capsule when injecting the liquid into the capsule (Eichler [0152]).
Doglioni and Eichler are silent on wherein F1 is in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N.
However, applicant has not stated that the force being in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N would have any unexpected or synergetic results. Doglioni teaches that the force between the annular surface and the capsule needs to be optimized “to increase the sealing effect, thus avoiding any leakage of the brewing liquid injected into the capsule” (Doglioni [0028]). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to have the force be in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (MPEP 2144.05).
Regarding claim 46, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches wherein during use when the closing member (22) of the beverage preparation device (20) closes the enclosing member (22) of the beverage preparation device (20)
at least a portion of the enclosing member (21) including the annular end surface (10, 18, 19) can move relative to the closing member (22) of the beverage preparation device (20, [0058] receptacle 21 movable with respect to a receiving plate 22) under the effect of the pressure of the fluid in the enclosing member (21) of the beverage preparation device (20) towards said closing member (22) causing said annular end surface (10, 18, 19) to apply the maximum clamping force to the flange (4) of the capsule (1, [0045] compression force).
Regarding claim 47, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches a method of preparing a potable beverage, the method comprising positioning the capsule (1) in the enclosing member (21) of the beverage preparation device (20),
closing the enclosing member (21) using the closing member (22) of the beverage preparation device (20),
clamping at least a portion of the sealing structure (5) between the enclosing member (21) and the closing member (22) of the beverage preparation device (20)causing the sealing structure (5) to be brought in sealing contact with the annular end surface (10, 18, 19),
and supplying fluid under pressure into the capsule ([0058] pressurized water is fed to the interior of said capsule during the brewing step).
Regarding claim 50, Doglioni and Eichler teaches the method according to claim 47, and Doglioni teaches further comprising, prior to or at the start of brewing ([0029] start of brewing),
exerting a force F1 on the sealing structure of the capsule using the annular end surface (10, 18, 19) of said enclosing member to provide a sealing contact between the outwardly extending flange (4) of the capsule (1) and the enclosing member of the beverage preparation device (10, 18, 19 [0029] the edge of the receptacle is initially contacting the sealing protrusion), but is silent on wherein F1 is in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N, when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar while the sealing structure is in the sealing contact with the annular end surface.
Eichler teaches when the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar, preferably 0.1-1 bar while the sealing structure is in the sealing contact with the annular end surface ([0152] 4 bar).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni to incorporate the teachings of Eichler to have the fluid pressure P1 in the enclosing member of the beverage preparation device outside the capsule is in the range of 0.1-4 bar so in order to enable tearing of the capsule when injecting the liquid into the capsule (Eichler [0152]).
Doglioni and Eichler are silent on wherein F1 is in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N.
However, applicant has not stated that the force being in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N would have any unexpected or synergetic results. Doglioni teaches that the force between the annular surface and the capsule needs to be optimized “to increase the sealing effect, thus avoiding any leakage of the brewing liquid injected into the capsule” (Doglioni [0028]). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to have the force be in the range of 30-150 N preferably 40-150 N, more preferably 50-100 N, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (MPEP 2144.05).
Regarding claim 51, Doglioni and Eichler teaches the use method according to claim 47, and Doglioni teaches further comprising, after the closing member (22)of the beverage preparation device closes the enclosing member (21) of the beverage preparation device (20),
moving the enclosing member (21) of the beverage preparation device (20) moves relative to the closing member (22) of the beverage preparation device (20) under the effect of the pressure of the fluid in the enclosing member (22) of the beverage preparation device (20) towards the closing member (22) of the beverage preparation device (20),
to cause said annular end surface (10, 18, 19) to apply the maximum clamping force onto the flange (4) of the capsule (1, [0045] compression force.
Claims 41, 42, 48, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Doglioni (US20150208852) in view of Eichler (US20110315021) as applied to claims 37 and 47 above, and further in view of Chapman (US 20160075506).
Regarding claim 41, Doglioni and Eichler teaches the system according to claim 37, but are silent on wherein, in use, the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar.
Chapman teaches wherein, in use, the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar ([0092] aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar).
Doglioni, Eichler, and Chapman are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni and Eichler to incorporate the teachings of Chapman to have a fluid pressure be in the range of 6-20 bar to be able to supply liquids to the capsule to facilitate brewing of the desired beverage (Chapman [0092]).
Regarding claim 42, Doglioni and Eichler teaches the system according to claim 37, and Doglioni teaches wherein the system is arranged such that, in use, during brewing ([0027] brewing step), said annular end surface (10, 18, 19) exerts a force F2 on the sealing structure (5) of the capsule (1) to provide a sealing contact between said flange (4) and said annular end surface (10, 18, 19 [0027] the edge of said receptacle is contacting both the protrusion extending from the flange-like rim of the capsule and the lateral wall of the capsule), but is silent on wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N, when the fluid pressure P2 in said enclosing member outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar.
Chapman teaches the fluid pressure P2 in said enclosing member outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar ([0092] aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni and Eichler to incorporate the teachings of Chapman to have a fluid pressure be in the range of 6-20 bar to be able to supply liquids to the capsule to facilitate brewing of the desired beverage (Chapman [0092]).
Doglioni, Eichler, and Chapman are silent on wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N.
However, applicant has not stated that the force being in the range of 500-1500 N preferably in the range of 750-1250 N would have any unexpected or synergetic results. Doglioni teaches that the force between the annular surface and the capsule needs to be optimized “to increase the sealing effect, thus avoiding any leakage of the brewing liquid injected into the capsule” (Doglioni [0028]). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to have modified the device as taught by the combination of Doglioni, Eichler, and Chapman to have the force be in the range of 500-1500 N preferably in the range of 750-1250 N since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (MPEP 2144.05).
Regarding claim 48, Doglioni and Eichler teaches the method according to claim 47, but are silent on wherein the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar.
Chapman teaches wherein the maximum fluid pressure in the enclosing member of the beverage preparation device is in the range of 6-20 bar, preferably between 12 and 18 bar ([0092] aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar).
Doglioni, Eichler, and Chapman are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni and Eichler to incorporate the teachings of Chapman to have a fluid pressure be in the range of 6-20 bar to be able to supply liquids to the capsule to facilitate brewing of the desired beverage (Chapman [0092]).
Regarding claim 49, Doglioni and Eichler teaches the method according to claim 47, and Doglioni teaches wherein during brewing ([0027] brewing step), the annular end surface (10, 18, 19) exerts a force F2 on the sealing structure (5) of the capsule (1) to provide a sealing contact between the outwardly extending flange (4) the enclosing member of the beverage preparation device (10, 18, 19 [0027] the edge of said receptacle is contacting both the protrusion extending from the flange-like rim of the capsule and the lateral wall of the capsule), but is silent on wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N, when the fluid pressure P2 in said enclosing member outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar.
Chapman teaches the fluid pressure P2 in said enclosing member outside the capsule is in the range of 6-20 bar, preferably between 12 and 18 bar ([0092] aqueous medium will typically be supplied at a pressure of up to 9 to 14 bar).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni and Eichler to incorporate the teachings of Chapman to have a fluid pressure be in the range of 6-20 bar to be able to supply liquids to the capsule to facilitate brewing of the desired beverage (Chapman [0092]).
Doglioni, Eichler, and Chapman are silent on wherein F2 is in the range of 500-1500 N preferably in the range of 750-1250 N.
However, applicant has not stated that the force being in the range of 500-1500 N preferably in the range of 750-1250 N would have any unexpected or synergetic results. Doglioni teaches that the force between the annular surface and the capsule needs to be optimized “to increase the sealing effect, thus avoiding any leakage of the brewing liquid injected into the capsule” (Doglioni [0028]). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to have modified the method as taught by the combination of Doglioni, Eichler, and Chapman to have the force be in the range of 500-1500 N preferably in the range of 750-1250 N since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (MPEP 2144.05).
Claims 44 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Doglioni (US20150208852) in view of Eichler (US20110315021) as applied to claim 37 above, and further in view of Yoakim (US20110041702A1).
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Fig. 10 of Yoakim
Regarding claim 44, Doglioni and Eichler teaches the system according to claim 37, but are silent on wherein the plurality of radially extending open grooves are uniformly spaced relative to each other in circumferential sense of said annular end surface
Yoakim teaches wherein the plurality of radially extending open grooves (52) are uniformly spaced relative to each other in circumferential sense of said annular end surface (53, Fig. 10 [0056] radial grooves 52 formed at the end pressing surface 53 of the injection device).
Doglioni, Eichler, and Yoakim are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni and Eichler to incorporate the teachings of Yoakim to have the plurality of radially extending open grooves be uniformly spaced relative to each other in circumferential sense of said annular end surface in order to be able to perform effective sealing between the injection device and the capsule (Yoakim [0056]).
Regarding claim 46, Doglioni, Eichler, and Yoakim teaches the system according to claim 44, but are silent wherein the greatest width of each groove is 0.9-1.1 mm, preferably 0.95 to 1.05 mm, more preferably 0.98 to 1.02 mm, wherein a maximal height of each groove in an axial direction of the enclosing member of the beverage preparation device is 0.01-0.09 mm, preferably 0.03 to 0.07 mm, more preferably 0.045 to 0.055 mm, most preferred 0.05 mm, and wherein the number of grooves is 90 to 110, preferably 96, the radial width of the annular end surface at the location of the grooves preferably being 0.05-0.9 mm, more preferably 0.2-0.7 mm and yet more preferably 0.3-0.55 mm.
However, applicant has not stated the widths of the grooves, height of the grooves, and number of grooves provide any unexpected or synergetic results. As such it would have been an obvious matter of design choice to modify the grooves as taught by the combination of Doglioni, Eichler, and Yoakim to have the dimensions claimed as when the only difference between the prior art and the claimed invention is a scaling or dimension which does not provide a new or unexpected result a finding of prima facie obviousness is appropriate see (MPEP §2144.04).
Claims 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Doglioni (US20150208852) in view of Halliday (US20160066591).
Regarding claim 52, Doglioni teaches a method of manufacturing a capsule body of a capsule, for containing a substance for the preparation of a potable beverage by extracting and/or dissolving the substance by means of supplying a fluid under pressure into the capsule (1), capsule comprising:
a beverage preparation device (20) comprising an enclosing member (21) for receiving the capsule (1), wherein the enclosing member (15) comprises fluid injection (16) means for supplying fluid under pressure into the capsule (1), wherein the beverage preparation device (20) further comprises a closing member (22), such as an extraction plate, for closing the enclosing member (21) of the beverage preparation device (20), wherein said enclosing member (21) has an annular end (10) with an annular end surface (10, 18, 19),
said annular end (10, 18, 19) surface optionally being provided with a plurality of radially extending open grooves (18);
a capsule (1) containing a substance ([0020] a hollow body where said product is contained) for the preparation of a potable beverage by extracting and/or dissolving the substance (3) by means of supplying a fluid under pressure ([0002] hot water under pressure, can be supplied to the capsule for the extraction or reconstitution of the beverage from the dose of product contained therein) into the capsule (1), said capsule comprising:
an capsule body (1) having a central capsule body axis (Fig. 3), said capsule body (1) comprising a bottom (3), a side wall (2), an outwardly extending flange (4)
and a sealing structure (5) at said flange (4); and
a cover sheet (13) attached to said flange (4) and hermetically closing off the capsule (1);
wherein said sealing structure (5) is deformable ([0033] the protrusion is at least in part plastically deformable) and in fluid sealing contact with said annular end surface (10, 18, 19) if the capsule (1) is positioned in said enclosing member (21) and said enclosing member (21) is closed by means of said closing member (22), at least portions of said flange (4) and said sealing structure (5) being clamped between said annular end surface (10, 18, 19) and said closing member (22);
wherein said sealing structure (5) includes a deformable sealing ring (5, [0060] the diameter of the circle defined by the sealing protrusion 5 (as previously mentioned the protrusion is in the form of a circumference concentric with the lateral wall 2 of the capsule)) portion of said flange (4), said sealing ring portion (5) projecting axially from base portions of said flange (4), to which said cover (13) is attached, on a side of said base portions (4) facing said enclosing member (22) when said capsule (1) is in said enclosing member (22),
said deformable sealing ring portion (5, Figs. 8-9) comprising:
an inner wall portion (7) extending from and contiguous with an inner base portion of said flange (4);
an outer wall portion (Fig. 8, outer portion of protrusion 5) extending from and contiguous with an outer base portion of said flange (4, [0064] flange 4 is divided by sealing protrusion 5)
said outer wall (Fig. 8, outer portion of protrusion 5) being located radially outward of and radially spaced from said inner wall portion (7, Fig. 8); and
a bridge portion (Fig. 8 point of protrusion 5) interconnecting said inner wall portion (7) and said outer wall portion (Fig. 8, outer portion of protrusion 5),
said bridge portion (Fig. 8 point of protrusion 5) being located axially spaced from said base portions of said flange (4, Fig. 8);
wherein, in radial cross-sectional view, a top of said bridge portion axially most remote from said base portions of the flange is flat (Fig. 8, point of protrusion 8 is flat at the top) or has a center plane curved with a radius of curvature larger than two times a wall thickness of said top of said bridge portion.
Doglioni is silent on an aluminum capsule body, a coating to at least one side of said capsule body, said coating being absent in at least said portion of the top of said bridge portion having a reduced wall thickness; starting from a semi-finished deep drawn cup member, the method comprising reducing a wall thickness of a portion of said flange for forming said portion of said top of said bridge portion having a reduced wall thickness smaller than a wall thickness of said inner and outer wall portions, wherein said coating is removed from said portion of said flange of which the wall thickness is to be reduced prior to or during reducing the wall thickness.
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Fig. 2 of Halliday
Halliday teaches an aluminum capsule body ([0055] aluminum); further comprising a coating (72) to at least one side of said capsule body (1), said coating being absent in at least said portion of the top (23) of said bridge portion having a reduced wall thickness (Fig. 2 [0091]) ;
starting from a semi-finished deep drawn cup member ([0047] deep drawing), the method comprising reducing a wall thickness of a portion of said flange (47) for forming said portion of said top of said bridge portion (Fig. 2 portion of 71 nipped by edge 23) having a reduced wall thickness smaller than a wall thickness of said inner and outer wall portions (Fig. 2), wherein said coating (72) is removed from said portion of said flange (47) of which the wall thickness is to be reduced prior to or during reducing the wall (Fig. 2 [0091]).
Doglioni and Halliday are considered to be analogous to the claimed invention because they are in the same field of beverage devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Doglioni to incorporate the teachings of Halliday to have an aluminum capsule body and to remove have a coating on the capsule that is removed as it allows portions of the coating left on the flange to conform to the shape of the pressed annular edge on the capsule, filling any gaps and reinforcing the fluid seal between the annular edge and the capsule preventing leaks of fluid within the capsule (Halliday [0091]).
Regarding claim 53, the combination of Doglioni and Halliday teaches all of the elements of the current invention as described above in claim 52. Halliday further teaches wherein said coating (72) is removed from said portion of said flange (47) of which the wall thickness is to be reduced during a material removal step for removing wall material for reducing said wall thickness ([0091] Fig. 2).
Conclusion
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 6/22/2026
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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