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 § 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.
Claims 13-14, 21, and 23 are again rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmid (2014/0178521).
Regarding claims 13-14, Schmid discloses a mold assembly for molding a temper evident closure, comprising a molding stack 102 includes a core assembly 104 and a cavity assembly 106;
wherein the cavity assembly comprises a gate insert 108 and a cavity insert 110 defining a portion of the molding cavity 112;
wherein the core assembly 104 comprises a first inner core 116, a second inner core 118, an outer core 120, a stripper sleeve 122 and a pair of split inserts 124;
wherein the pair of split inserts 124 is to define a portion of the outer portion of the skirt of the closure 114, including but not limited to a tamper evident band and bridges connecting the tamper evident band to the remainder of the skirt of the closure 114, see [0023]-[0025], wherein the space between the split inserts 124 and the core forming an underside of the bottom-most portion of the tamper evident band of the closure 114 that has different thicknesses – see Fig. 2, 120, 124.
Regarding claims 21 and 23, Schmid further discloses an upper core assembly 104 and a cavity assembly 106, wherein:
the upper core assembly 104 comprises a first inner core 116, a second inner core 118, an outer core 120, a stripper sleeve 122 and a pair of split inserts 124,
the cavity assembly 106 comprises a gate insert 108 and a cavity insert 110 which defines a portion of the molding cavity 112 and an outside wall of a top panel and a side skirt of a molded article 114.
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 15-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid (2014/0178,521) as applied to claims 13-14, 21 and 23 above, and further in view of Glaesener (2012/0135102).
Regarding claim 15, Schmid discloses two split inserts with a contoured portion for forming part of the cap, but fails to disclose that the movement of the upper unit and the lower mold unit cause the drawers/split inserts to move transversely toward the closed configuration of the mold.
Glaesener discloses a molding apparatus, comprising a first stack portion 110 with a plurality of mold cores 112-141, 201-250, 306-344, with a plurality of laterally movable figures 140, 340, wherein a cam follower 142 is co-operable with cam 150 to exercise the plurality of molding fingers 140 between the neutral configuration and the deflected configuration with the relative re-positioning of the collet 116 and the outer core 114, [0032].
It would have been obvious to one of ordinary skill in the art to design Schmid with a fingers/drawers co-operable with other mold parts/cores as taught by Glaesener in order to provide uniform movements between different parts of the mold.
Regarding claims 16-20, Schmid discloses that split inserts 124 define a portion of the outer portion of the skirt of the closure 114, wherein the split inserts 124 are configured, under motive of an actuator (not depicted) to move in a traverse direction. Glaesener discloses a collet 116 may include a generally tubular body that has been structured to define a plurality of molding fingers 140, each of which is resiliently deflectable between a neutral configuration and a deflected configuration, wherein the plurality of molding fingers 140 defines an encapsulated portion 145 of the molding cavity 101 and when in abutment are shown to be tightly closed around the molded article 102.
Regarding claim 22, Schmid discloses a stripper sleeve 122 having a first surface 204 and a second surface 206 for simultaneously contacting a side and an underside surface of the molded article 114 during the stripping of the molded article 114.
Response to Arguments
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive. The applicant argued that Schmid fails to disclose that "...the connecting zone including a connecting portion and a reduced thickness portion surrounding the connecting portion, wherein the connecting portion is configured to form a connecting band in the cap and the reduced thickness portion is configured to form a film in the cap, ... wherein the film has a reduced thickness compared to a thickness of the connecting band."
The current application disclosed that: “The forming cavity 7 also includes the connecting zone 73 formed of respective portions of the cap body zone 711, of the joining zone 712 and of the tamper evidence zone 713 confronted by the drawer 63. The connecting zone 73 includes a connecting portion (configured to form the connecting band 4) and a reduced thickness zone (configured to form the film 400) surrounding the connecting portion.” Current specification, page 22.
Similarly Schmid discloses that: “… the pair of split inserts 124 is to define a portion of the outer portion of the skirt of the closure 114, including but not limited to a tamper evident band and bridges connecting the tamper evident band to the remainder of the skirt of the closure 114” [0023]. Copies of Fig. 3 of the current application and Fig. 2 of Schmid are provided below to show a connecting portion having different thicknesses:
[AltContent: arrow][AltContent: textbox (Connecting zone with different thicknesses)][AltContent: arrow]
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Conclusion
THIS ACTION IS MADE FINAL. 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 Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30.
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/Thu Khanh T. Nguyen/Primary Examiner, Art Unit 1743