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 .
Status of Claims and Application
This non-final action on the merits is in response to the remarks and amendments received by the office on 23 January 2026. Claims 57-59, 61-74 are pending. Claims 57, 61-65, 68-72 are amended. Claim 60 is cancelled. No claims are added.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/419139, filed on 28 June 2021.
Response to Amendment
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) 57-59, 61-65, & 68-72 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2020/0115115 to Migas et al. (‘115 hereafter), made of record per applicant disclosure in view of U.S. Patent Application Publication 2018/0370701 to Michael Joseph Maguire (‘701 hereafter).
Regarding claim 57, ‘115 teaches a method for making a cap, comprising the following steps: providing a lateral wall of a concave body extending about an axis and a transversal wall positioned at one end of the lateral wall, cutting a separation line (Fig 2A item 50) on the lateral wall which extends about the axis to define: - a retaining ring, configured to remain anchored to a neck of the container which extends up to a free edge (Fig 2A item 14); - a closing element removably engageable with the neck, so as to open or close the container (Fig 2A item 14); wherein the step of cutting the separation line comprises interrupting the cut between a first end and a second end , to leave the retaining ring and the closing element joined (Fig 1D item 72A); the method also comprising the step of: - joining the retaining ring and the closing element by means of a joining portion (Fig 1D item 72A); - defining in the retaining ring a first connecting band, which extends from a first end zone of the joining portion, and a second connecting band, which extends from a second end zone of the joining portion, the second end zone being positioned circumferentially on the opposite side to the first end zone (Fig 1D item 72A and 72B); - interposing a tab between the first connecting band and the second connecting band, in such a way that when the container is open and the connecting bands keep the closing element connected to the retaining ring, the tab can rest on the neck (Fig 1D 72a and 72b) , making two cut lines parallel to the axis to obtain respective lateral edges of the tab, parallel to each other and parallel to the axis (Z), (Fig 4 items 64a and 64c). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, forming closures with integral retention, ‘701 teaches making cut lines parallel and perpendicular to the z-axis using cutting tools which are similarly parallel and perpendicular to the z-axis (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 58, ‘115 teaches the method and comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring, which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis (Z) in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line , interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 59, ‘115 teaches the method and comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab, a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other, wherein the step of cutting the incision line comprises using cutting tools (Fig 1D items 70, 72a and 72b). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 61, 115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring, which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040, Fig. 9); and comprising the step of using in succession firstly the cutting tools positioned transversally to the axis and then the cutting tools positioned parallel to the axis, or vice versa (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 62, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040 Fig. 9); and comprising the step of providing the cutting tools positioned transversally to the axis and/or the cutting tools positioned parallel to the axis in such a way as to perform angularly in succession a first lateral stretch of the incision line a first cut line of the cut lines, the central stretch of the incision line, a second cut line of the cut lines, the second lateral stretch of the incision line (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 63, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring, which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040); and comprising the step of cutting the separation line and the incision line using cutting tools which have a cutting edge interrupted to define, respectively, a plurality of breakable bridges along the separation line and optionally to define a plurality of breakable elements along the incision line (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 64, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring, which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040); and comprising the step of cutting the separation line and the incision line using cutting tools having a flat cutting edge (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 65, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring, which comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in a first plane parallel to a separation plane containing the separation line, to define a first lower free edge of the first connecting band and a second lower free edge of the second connecting band (Fig 1D items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in a second plane parallel to the separation plane and interposed between the first separation plane and the free edge of the retaining ring, to define a bottom edge (309) of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0040); and comprising the step of forming the concave body and cutting using cutting tools, from the outside of the concave body, or from the inside of the concave body, the separation line, the incision line and the cut lines rotating the concave body and keeping the cutting tools stationary or keeping the concave body stationary and rotating the cutting tools about it, to obtain the cap (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 68, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab (Fig 1D item 70), a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other (Fig 1D items 72a and 72b). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of cutting the incision line comprises using cutting tools positioned transversally to the axis; and comprising the step of using in succession firstly the cutting tools positioned transversally to the axis and then the cutting tools positioned parallel to the axis, or vice versa (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 69, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab, a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other (Fig 1D item 70), wherein the step of cutting the incision line comprises the step of making a first lateral stretch and a second lateral stretch of the incision line transversally to the axis in the first plane to define the first lower free edge of the first connecting band and the second lower free edge of the second connecting band (Fig 1 items 72a and 72b); making a central stretch of the incision line, interposed between the first lateral stretch and the second lateral stretch in the first plane to define the bottom edge of the tab (Fig 1D item 70). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of cutting the incision line comprises using cutting tools positioned transversally to the axis; and wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis; and comprising the step of providing the cutting tools positioned transversally to the axis and/or the cutting tools positioned parallel to the axis in such a way as to perform angularly in succession a first lateral stretch of the incision line, a first cut line of the cut lines, the central stretch of the incision line, a second cut line of the cut lines, the second lateral stretch of the incision line (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 70, ‘115 teaches the method according comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab, a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other (Fig 1D items 70, 72a and 72b). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of cutting the incision line comprises using cutting tools positioned transversally to the axis (paragraph 0043); and comprising the step of cutting the separation line and the incision line using cutting tools which have a cutting edge interrupted to define, respectively, a plurality of breakable bridges along the separation line and optionally to define a plurality of breakable elements along the incision line (paragraph 0040, Fig. 9, Fig 5) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 71, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab, a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other (Fig 1D items 70, 72a and 72b). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of cutting the incision line comprises using cutting tools positioned transversally to the axis; and comprising the step of cutting the separation line and the incision line using cutting tools having a flat cutting edge (paragraph 0040, Fig. 9) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Regarding claim 72, ‘115 teaches the method comprising the step of cutting an incision line, which extends between the separation line and the free edge of the retaining ring in a first plane parallel to a separation plane containing the separation line, to define a bottom edge of the tab, a first free lower edge of the first connecting band and a second free lower edge of the second connecting band aligned with each other (Fig1D items 70, 72a and 72b). ‘115 does not teach the particulars of the cutting tools claimed.
In the same field of endeavor, cap or closure forming, ‘701 teaches the method wherein the step of making the first lateral stretch, the second lateral stretch and the central stretch of the incision line comprises using cutting tools which are positioned transversally to the axis (paragraph 0004, Fig. 9, items 142, 145); and comprising the step of forming the concave body and cutting using cutting tools, from the outside of the concave body, or from the inside of the concave body, the separation line, the incision line and the cut lines rotating the concave body and keeping the cutting tools stationary or keeping the concave body stationary and rotating the cutting tools about it, to obtain the cap (paragraph 0035) for the benefit of forming a cap with integral retention element. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 with those of ‘701 for the benefit of forming a cap closure with an integral tab and retention ring.
Claim(s) 66 and 67 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘115 in view of ‘701 as applied to claim 65 above, and further in view of U.S. Patent 3,217,397 to Joseph Meryl Voss (‘397 hereafter) in further view of U.S. Patent 6,826,994 to Liao Chi-Ti (‘994 hereafter).
Regarding claim 66, ‘115 in view of ‘701 does not teach the method as claimed. In the same field of endeavor, cap or closure forming, ‘994 teaches the method comprising the step of pushing the concave body using a spindle (Fig 8 item 372) in such a way that a first portion of the lateral wall pushes against a first portion of an outer surface provided with cutting tools and that a second portion of the lateral wall, provided with a plurality of knurls, engages a respective plurality of knurling present in a second portion of the outer surface, shaped complementary to the knurling of the lateral wall (Fig 8 items 372, 60, 61, and 3031; C4L20-C4L25) for the benefit of moving the caps through the slitting operation without slippage, thus placing all slits or incisions in their intended location. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 with those of ‘994 for the benefit of forming caps with accurately placed features. ‘115 in view of ‘701 in view of ‘994 does not teach that the spindle as a polymeric component.
In the same field of endeavor, cap forming, ‘397 teaches a spindle provided with a contact ring made of polymeric material (Fig 22 item 215; C16L39-C16L44) so that the caps are properly centered on the spindle. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 in view of ‘994 with those of ‘397 for the benefit of ensuring the caps are properly positioned while being fed through the slitting or cutting operation.
Regarding claim 67, ‘397 teaches the method comprising the step of rotating the spindle in such a way that the concave body rolls on the outer surface drawn by the meshing between the second portion of the lateral wall with the second portion of the outer surface (Fig 22 item 215; C16L39-C16L44) so that the caps are properly centered on the spindle. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 in view of ‘994 with those of ‘397 for the benefit of ensuring the caps are properly positioned while being fed through the slitting or cutting operation.
Claim(s) 73 and 74 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘115 in view of ‘701 as applied to claim 72 above, and further in view of U.S. Patent 3,217,397 to Joseph Meryl Voss (‘397 hereafter) in further view of U.S. Patent 6,826,994 to Liao Chi-Ti (‘994 hereafter).
Regarding claim 73 ‘115 in view of ‘701 does not teach the method as claimed. In the same field of endeavor, cap or closure forming, ‘994 teaches the method comprising the step of pushing the concave body using a spindle (Fig 8 item 372) in such a way that a first portion of the lateral wall pushes against a first portion of an outer surface provided with cutting tools and that a second portion of the lateral wall, provided with a plurality of knurls, engages a respective plurality of knurling present in a second portion of the outer surface, shaped complementary to the knurling of the lateral wall (Fig 8 items 372, 60, 61, and 3031; C4L20-C4L25) for the benefit of moving the caps through the slitting operation without slippage, thus placing all slits or incisions in their intended location. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 with those of ‘994 for the benefit of forming caps with accurately placed features. ‘115 in view of ‘701 in view of ‘994 does not teach that the spindle as a polymeric component.
In the same field of endeavor, cap forming, ‘397 teaches a spindle provided with a contact ring made of polymeric material (Fig 22 item 215; C16L39-C16L44) so that the caps are properly centered on the spindle. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 in view of ‘994 with those of ‘397 for the benefit of ensuring the caps are properly positioned while being fed through the slitting or cutting operation.
Regarding claim 74, ‘397 teaches the method comprising the step of rotating the spindle in such a way that the concave body rolls on the outer surface drawn by the meshing between the second portion of the lateral wall with the second portion of the outer surface (Fig 22 item 215; C16L39-C16L44) so that the caps are properly centered on the spindle. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘115 in view of ‘701 in view of ‘994 with those of ‘397 for the benefit of ensuring the caps are properly positioned while being fed through the slitting or cutting operation.
Potentially Allowable Subject Matter
This application could be brought into condition for allowance in view of the available prior art if amended to recite the structure found allowable in claim 22 of parent application 17/419,139 (now U.S. Patent 11,697,534; atty docket: BUGB-64646), received by the office on 01 February 2023.
Should applicant pursue this course, a terminal disclaimer of application 17/456,245 (now U.S. Patent 11,697,535) should also be provided since the claims so amended would be subject to an obviousness type double patenting rejection including secondary references used above.
Response to Arguments
In support of the patentability of the instant claims, applicant has argued that sole independent claim has been amended to incorporate subject matter taught by the previously applied U.S. Patent Application Publication 2021/0094733 to Bloom et al. (‘733 hereafter) and that ‘733 is excluded as prior art due to antedate foreign priority claims. Having properly made the claims to foreign priority since receiving a non-final action on the merits (mailed 25 September 2025), this argument is persuasive. Accordingly, an updated search was conducted and relevant prior art was found and applied above.
Conclusion
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 non-final action.
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/JPR/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743