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 Amendment
Applicant amendment filed 02/20/2026 has been entered and is currently under consideration. Claims 1-2 and 4-5 remain pending in the application.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomobe (JP3595613 of record with reference made to examiner provided machine translation) in view of Gibbemeyer (US5292243 of record).
Regarding claim 1, Tomobe teaches:
A temperature adjustment mold for adjusting a temperature of a preform that is injection-molded, has a bottomed shape, and is made of resin, the temperature adjustment mold comprising:
one or more adjusting portions that face a part of an outer peripheral surface of a body portion of the preform and locally heat a predetermined portion in a circumferential direction of the preform (Fig 8: heating blocks 110; 312-318),
a lower mold that faces a bottom portion of the preform and supports a lower end of the adjusting portion (Fig 10: heating block 116); and
an upper mold that faces a neck portion of the preform and supports an upper end of the adjusting portion (Fig 10: heating blocks 114, neck molds 16), wherein
the adjusting portion is disposed such that a gap is formed in the a circumferential direction (Fig 8), and is sandwiched and positioned by the lower mold and the upper mold (Fig 10), and
the gap in the circumferential direction of the temperature adjustment mold is open in a radial direction and communicates with the outside of the temperature adjustment mold (Fig 8).
Tomobe does not teach an attachment position is adjustable in the circumferential direction.
In the same field of endeavor regarding blow molding, Gibbemeyer teaches an adjusting portion with an attachment position that is adjustable in the circumferential direction for the motivation of repositioning the heating element (Fig 3-4: heater support bracket 48; col 6, ln 1-26).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the adjusting portions as taught by Tomobe with the adjustable attachment portions as taught by Gibbemeyer in order to reposition the heating element.
Regarding claim 2, Tomobe in view of Gibbemeyer teaches the apparatus of claim 1.
Tomobe further teaches wherein a plurality of the adjusting portions is disposed with a gap in the circumferential direction (Fig 8).
Response to Arguments
Applicant’s arguments filed 02/20/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
For at least the above reasons, the application is not in condition for allowance.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 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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/ALEXANDER A WANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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