DETAILED ACTION
Response to Amendment
The Amendment filed 3/12/2026 has been entered. Claims 1-5, 7 and 9-13 remain pending in the application. Claims 6 and 8 were cancelled.
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.
Claims 1-5, 7 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Druitt (U S8794460 B2) in view of Maguire (US 20170362003 A1).
Regarding claim 1, Druitt teaches a method for producing a cap for a container (see Figures 1-11), wherein the cap comprises:
- a retaining ring (2) suitable for being associated with a neck of the container (see Figures 1-11);
- a closure element (3) hinged to the retaining ring for opening or closing an opening defined by the neck of the container (see Figures 1-11);
and wherein the method comprises the steps of:
- providing a cup-shaped body (body of 1) having a side wall (see annotated Figure 8) extending about an axis (A) and an end wall extending transversely to the axis (see annotated Figure 8);
- the side wall along a separation line for defining the retaining ring and the closure element (line at 10, see Figure 8), wherein provided interacting with the material forming the side wall along an angular extension of the side wall about the axis (from 5 to the other 5 around the cap), said angular extension being less than 360° (connected at least two 5), so as to leave intact at least one connection band which connects the retaining ring to the closure element (See Figure 8);
- producing at least one delimitation line (vertical outer side edge, see Figure 8) which laterally delimits the connection band, the delimitation line extending transversely to the end wall (see annotated Figure 8),
the step of producing at least one delimitation line comprises obtaining said at least one delimitation line by moulding inside a mould in which the cup-shaped body is formed (col. 2 lines 65-67).
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Druitt fails to teach the cutting step to make the lines of the cap, the step of producing at least one delimitation line is performed by cutting the side wall at said at least one delimitation line, after the step of providing the cup-shaped body.
Maguire teach using a device that cut cap to form lines on the cap with a connection (see Figure 4).
It would have been obvious to one of ordinary skill in the art to modify the method of Druitt to use the cutting device of Maguire to cut lines on cap, as taught by Maguire, in order to provide a method to cut lines on a cap (abstract of Maguire). The resulting device of modified Druitt teaches the step of producing at least one delimitation line is performed by cutting the side wall at said at least one delimitation line, after the step of providing the cup-shaped body (cutting after shaping the cup, see Figures 2 and 18 of Maguire).
Regarding claim 2, modified Druitt further teaches the connection band is provided in a recess (see thin portion by the hinge 5, see Figures 2 and 18 of Druitt), the step of cutting the side wall along a separation line being carried out by a cutting element that scores the side wall by a thickness that is less than a depth of the recess towards the inside of the side wall (as modified by Maguire, added the required cutting edge shape to cut the desired shape), so that the cutting element leaves intact the connection band inside the recess (see Figure 18 of Druitt).
Regarding claim 3, modified Druitt further teaches during the cutting step, one selected between the cup-shaped body and the cutting element rotates by at least 360° about another selected between the cutting element and the cup-shaped body (as modified by Maguire, see Figure 4 of Maguire).
Regarding claim 4, modified Druitt further teaches the recess extends up to the end wall (see Figures 2 and 18 of Maguire).
Regarding claim 5, modified Druitt further teaches the step of cutting the side wall along a separation line comprises making a cut that is interrupted at the connection band (see Figures 2 and 18 of Maguire).
Regarding claim 7, modified Druitt further teaches said at least one delimitation line is conformed as a slit passing through the thickness of the side wall or as a weakening line having a thickness lower than the thickness of the side wall (see Figures 2 and 18 of Maguire).
Regarding claim 10, modified Druitt further teaches said at least one delimitation line extends up to the end wall (see annotated Figure 8 of Druitt).
Regarding claim 11, Druitt teaches a method for producing a cap for a container (see Figures 1-11), wherein the cap comprises:
- a retaining ring (2) suitable for being associated with a neck of the container (see Figures 1-11);
- a closure element (3) hinged to the retaining ring for opening or closing an opening defined by the neck of the container (see Figures 1-11);
and wherein the method comprises the steps of:
- providing a cup-shaped body (body of 1) having a side wall (see annotated Figure 8) extending about an axis (A) and an end wall extending transversely to the axis (see annotated Figure 8);
- the side wall along a separation line for defining the retaining ring and the closure element (line at 10, see Figure 8), wherein provided interacting with the material forming the side wall along an angular extension of the side wall about the axis (from 5 to the other 5 around the cap), said angular extension being less than 360° (connected at least two 5), so as to leave intact at least one connection band which connects the retaining ring to the closure element (See Figure 8);
- producing at least one delimitation line (vertical outer side edge, see Figure 8) which laterally delimits the connection band, the delimitation line extending transversely to the end wall (see annotated Figure 8).
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Druitt fails to teach the cutting step to make the lines of the cap.
Maguire teach using a device that cut cap to form lines on the cap with a connection (see Figure 4).
It would have been obvious to one of ordinary skill in the art to modify the method of Druitt to use the cutting device of Maguire to cut lines on cap, as taught by Maguire, in order to provide a method to cut lines on a cap (abstract of Maguire).
Regarding claim 12, modified Druitt further teaches the step of producing at least one delimitation line comprises obtaining said at least one delimitation line by moulding inside a mould in which the cup-shaped body is formed (col. 2 lines 65-67 of Druitt).
Regarding claim 13, modified Druitt further teaches the step of producing at least one delimitation line is performed by cutting the side wall at said at least one delimitation line, after the step of providing the cup-shaped body (cutting after shaping the cup, see Figures 2 and 18 of Maguire).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Druitt (U S8794460 B2) in view of Maguire (US 20170362003 A1) in further view of Bois (US 20180118423 A1).
Regarding claim 9, modified Druitt further teaches during the step of cutting the side wall along a separation line at least two connection bands are left intact (as modified by Maguire, see Figures 2 and 18 of Druitt).
Modified Druitt fails to teach a cutting line being further created during the step of cutting, the cutting line being interposed between said at least two connection bands and extending transversely to the axis.
Bois teaches a cap with at least two connection bands and a cutting line interposed between said at least two connection bands and extending transversely to the axis (see Figure 10).
It would have been obvious to one of ordinary skill in the art to modify device of modified Druitt to add block 18, as taught by Maguire, in order better keep the cap closed (paragraph 0082 of Bois). The resulting method of modified Druitt teaches a cutting line being further created during the step of cutting (as modified by Bois, to make block 18 of Bois), the cutting line being interposed between said at least two connection bands and extending transversely to the axis (as modified by Bois, to make block 18, see Figure 10 of Bois).
Response to Arguments
Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive.
In response to applicant's argument Druitt and Maguire fails to teach “at least one delimitation line”. The examiner disagrees and notes that the current claim 1 only requires “at least one delimitation line which laterally delimits the connection band”, in light of the specification the structure of “at least one delimitation line” appear to be a border line for the connection (which delimit the edge of the connection band), Druitt teaches at least one delimitation line (vertical outer side edge, see Figure 8) which laterally delimits the connection band (see Figure 8), which meets the limitation.
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 LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
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/LIANG DONG/Examiner, Art Unit 3724 3/31/2026