Prosecution Insights
Last updated: April 19, 2026
Application No. 18/442,158

TRANSFER TURRET WITH SETTABLE VACUUM TIMING AND NECKER MACHINE INCLUDING SAME

Non-Final OA §102§103§112
Filed
Feb 15, 2024
Examiner
TOLAN, EDWARD THOMAS
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Stolle Machinery Company, LLC
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
1035 granted / 1324 resolved
+8.2% vs TC avg
Strong +16% interview lift
Without
With
+15.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
1366
Total Applications
across all art units

Statute-Specific Performance

§103
50.8%
+10.8% vs TC avg
§102
28.8%
-11.2% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1324 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION 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 4 and 10 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. Claim 4 recites the limitations "the infeed manifold" and “the outfeed manifold” in line 2. There is insufficient antecedent basis for these limitations in the claim. Claim 10 recites the limitation "the infeed manifold" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 10 recites the limitation "the outfeed manifold" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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) 1,2,4,5 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Egerton (2012/0292159). Regarding Claims 1 and 11, Egerton discloses a transfer turret assembly (22) for a can necking machine (10) having a plurality of necking forming stations (18), the transfer turret (22) comprising a transfer starwheel (50; Fig. 5) rotatable about a rotation axis (axis A-A, Fig. 5) and configured to transfer a plurality of can bodies (24) between a first process station (a first necking station (18, Fig. 1) and a second process station (a second necking station 18, Fig. 1). The transfer starwheel (50) includes a plurality of peripheral pockets (66), each peripheral pocket (66) includes a vacuum port (95,96; [0035], lines 1-4 and [0047]) which is configured to receive the can bodies (24) and to retain the can bodies in the pocket. A stationary vacuum assembly (52) comprises, a frame (annular plate, 98) supported by a frame support (21b, [0049], lines 1-3), an infeed baffle (140) fixedly coupled to the frame ([0065], lines 1-3) and an outfeed baffle (140’) fixedly coupled to the frame ([0065], lines 1-3). The infeed baffle (upstream baffle 140; [0057], lines 4-5) has a leading end (adjacent arrow 141, left side; Fig. 11) and a trailing end opposite from the leading end in the direction of rotation (D, Fig. 11) and the outfeed baffle (140’) has a leading end (adjacent arrow 143, right side; Fig. 11) and a trailing end opposite from the leading end in the direction of rotation (D, Fig. 11). A transfer zone (vacuum zone, 137) extends a circumferential length between separation edges (142,142’) of the baffles (140,140’) and is under vacuum ([0059], lines 4-10) wherein the transfer zone (137) is configured to produce a retention force in pockets (66) when the transfer turret (22) is in use. When the transfer turret (22) is in use, the transfer zone (137) is structured to convey vacuum to the vacuum ports (95; [0059], lines 10-12) of the transfer starwheel pockets (66) that are aligned with the transfer zone (137) to retain the can bodies (24) within the transfer starwheel pockets (66) that are aligned with the transfer zone ([0068], lines 1-4) as the transfer starwheel (50) of the transfer turret (22) rotates. Between an infeed position (160) and a discharge position (162) the infeed baffle (140) and the outfeed baffle (140') are configured to block vacuum to the vacuum ports (95) of the transfer starwheel pockets (66) that are aligned with the infeed baffle (140) and the outfeed baffle in a vacuum abatement zone (139; [0060], lines 7-15) wherein the vacuum pressure in the vacuum ports (95) abates to allow the can bodies (24) to exit the from the pocket (66) at the discharge position (162; [0068], lines 12-16). Regarding claim 2, Egerton discloses that the infeed baffle (140) and the outfeed baffle (140’) are different as they are differently positioned [0066] wherein positioning pins (150) are rotated in a first direction to tighten against the rear plate portion (116) to fix the position of the corresponding baffle plate (140 or 140') in the cavity (112). The positioning pins (150) are rotated in a second opposite direction to loosen the head (156) from the rear plate portion (116). The corresponding baffle plate (140 or 140') is then manually translated in the direction of the adjustment opening (154) guided by the positioning pins (150). Translation of the baffle plate (140 or 140') in one circumferential direction (141) reduces the circumferential length of the vacuum abatement portion (139), and translation of the baffle plate in the opposite circumferential direction (143) increases the circumferential length of the vacuum abatement portion (139). Regarding claim 4, it is not clear what an infeed manifold and outfeed manifold are considered to be since the specification ([0048],[0049]) just describes a stationary manifold volume (70). Egerton discloses a stationary manifold volume (136; [0054], lines 10-13) comprising a vacuum source conduit (126) and vacuum assembly cavity (112) in communication with the vacuum ports (95) that is rigidly coupled to a transfer turret backer plate (116). Regarding claim 5, the transfer starwheel (50) is fixedly coupled to a transfer turret hub (62) and the transfer turret hub (62) is fixedly coupled to a transfer turret driveshaft (76) rotated by a drive arrangement (motor and gearbox; 32,40). Regarding claims 8 and 9, Egerton discloses that each of the infeed baffle (140) and the outfeed baffle (140') comprise a curved upper surface (144, [0058], lines 5-6) wherein the baffle plates are curved to match an inner circumferential curvature (111) of the plate (118; Fig. 9). Regarding claim 10, it is not clear what an infeed manifold and outfeed manifold are considered to be since the specification ([0048],[0049]) just describes a stationary manifold volume (70). Egerton discloses that the frame (98,21b) comprises a transfer turret backer plate (116) and a stationary manifold volume (136; [0054], lines 10-13) comprising a vacuum source conduit (126) and vacuum assembly cavity (manifold volume, 112) in communication with the vacuum ports (95) that is rigidly coupled to a transfer turret backer plate (116). The transfer starwheel (50) is fixedly coupled to a transfer turret hub (62), the transfer turret hub (62) is fixedly coupled to a transfer turret driveshaft (76) that is structured to be rotated about the rotation axis by a drive arrangement (motor and gearbox; 32,40) each of the infeed baffle (140) and the outfeed baffle (140’) comprise a lower surface (144; Fig. 9) extending between the leading end and the trailing end, the transfer zone (137) is structured to be under vacuum from the stationary manifold volume (112) between plates 116,118; Fig. 8) in communication with the transfer zone (137); and the stationary manifold volume (112) is defined on a first end by the transfer turret backer plate (116); on an opposite second end by the transfer turret hub (62), on an inner portion by the transfer turret driveshaft (76) and on an outer circumference by a cylindrical inner surface of the transfer starwheel (87; Fig. 8) and by the leading end, trailing end, and lower surface of each of the infeed baffle and the outfeed baffle (Fig. 9). Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Egerton (2012/0292159). Egerton discloses a method of adjusting timing [0070] in a transfer turret (22) comprising a transfer starwheel (50) wherein the transfer turret assembly (22) is for a can necking machine (10) having a plurality of necking forming stations (18) and configured to transfer a plurality of can bodies (24) between a first process station (a first necking station (18, Fig. 1) and a second process station (a second necking station 18, Fig. 1). The transfer starwheel (50) includes a plurality of peripheral pockets (66), each peripheral pocket (66) includes a vacuum port (95,96; [0035], lines 1-4 and [0047]) which is configured to receive the can bodies (24) and to retain the can bodies in the pocket. A stationary vacuum assembly (52) comprises, a frame (annular plate, 98) supported by support (21b, [0049], lines 1-3), an infeed baffle (140) fixedly coupled to the frame ([0065], lines 1-3) and an outfeed baffle (140’) fixedly coupled to the frame ([0065], lines 1-3). The infeed baffle (upstream baffle 140; [0057], lines 4-5) has a leading end (adjacent arrow 141, left side; Fig. 11) and a trailing end in the direction of rotation (D, Fig. 11) and the outfeed baffle (140’) has a leading end (adjacent arrow 143, right side; Fig. 11) and a trailing end in the direction of rotation (D, Fig. 11). A transfer zone (vacuum zone, 137) extends a circumferential length between separation edges (142,142’) of the baffles (140,140’) and is under vacuum ([0059], lines 4-10) wherein the transfer zone (137) is configured to produce a retention force in pockets (66) when the transfer turret (22) is in use. When the transfer turret (22) is in use, the transfer zone (137) is structured to convey vacuum to the vacuum ports (95; [0059], lines 10-12) of the transfer starwheel pockets (66) that are aligned with the transfer zone (137) to retain the can bodies (24) within the transfer starwheel pockets (66) that are aligned with the transfer zone (Para. [0068], lines 1-4) as the transfer starwheel (50) of the transfer turret (22) rotates. Between an infeed position (160) and a discharge position (162) the infeed baffle (140) and the outfeed baffle (140') are configured to block vacuum to the vacuum ports (95) of the transfer starwheel pockets (66) that are aligned with the infeed baffle (140) and the outfeed baffle in a vacuum abatement zone (139; [0060], lines 7-15) wherein the vacuum pressure in the vacuum ports (95) abates to allow the can bodies (24) to exit the from the pocket (66) at the discharge position (162; [0068], lines 12-16). The infeed baffle (140) and the outfeed baffle (140’) are different as they are differently positioned [0066] wherein positioning pins (150) are rotated in a first direction to tighten against the rear plate portion (116) to fix the position of the corresponding baffle plate (140 or 140') in the cavity (112). The positioning pins (150) are rotated in a second opposite direction to uncouple and loosen the head (156) from the rear plate portion (116). The corresponding baffle plate (140 or 140') is then manually translated in the direction of the adjustment opening (154) guided by the positioning pins (150) to replace the baffle plate (140 or 140’) in a different position which adjusts the leading and trailing edge of the baffle plates to adjust the timing. Translation of the baffle plate (140 or 140') in one circumferential direction (141) reduces the circumferential length of the vacuum abatement portion (139), and translation of the baffle plate in the opposite circumferential direction (143) increases the circumferential length of the vacuum abatement portion (139). Regarding claim 13, Egerton discloses at least different configurations for the baffles (connected baffles [0069], lines 10-12) and different positioning of the leading and trailing end of the baffles [0069] to adjust the timing. Claim Rejections - 35 USC § 103 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) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egerton (2012/0292159) in view of Mercer et al. (2019/0344976). Egerton does not disclose that the transfer starwheel includes a plurality of segments. Mercer teaches a vacuum transfer starwheel (450, Fig. 11) comprising a plurality of segments (452; [0156], lines 10-18). Regarding claim 7, Mercer teaches four segments (452; [0156], lines 22-23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the transfer starwheel of Egerton to include multiple segments as taught by Mercer so as to split the starwheel to allow for maintenance of parts of the of the transfer starwheel without having to pull the entire starwheel from the transfer turret. Allowable Subject Matter Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record does not disclose that the infeed baffle includes an infeed coupling portion for fixedly coupling the infeed baffle to the frame and which is spaced a first circumferential distance from the trailing end of the infeed baffle by a first circumferential distance; the different infeed baffle includes an infeed coupling portion for fixedly coupling the different infeed baffle to the frame and which is spaced a second circumferential distance, different than the first circumferential distance, from the trailing end of the different infeed baffle; the outfeed baffle includes an outfeed coupling portion for fixedly coupling the outfeed baffle to the frame and which is spaced a first circumferential distance from the leading end of the outfeed baffle by a third circumferential distance; and the different outfeed baffle includes an outfeed coupling portion for fixedly coupling the different outfeed baffle to the frame and which is spaced a fourth circumferential distance, different than the third circumferential distance, from the trailing end of the different outfeed baffle, including the limitations of base claim 1 and intervening claim 2. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5. 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 at 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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Prosecution Timeline

Feb 15, 2024
Application Filed
Jan 21, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+15.8%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1324 resolved cases by this examiner. Grant probability derived from career allow rate.

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