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
This Final Rejection is in response to the Amendment dated December 30, 2025 filed in response to the Non-final Rejection dated July 30, 2025.
The claim objection in the Non-final Rejection is withdrawn in view of the claim amendments addressing the objection.
The 35 U.S.C. 112(b) rejection in the Non-final Rejection is withdrawn in view of the claim amendment addressing the rejection.
The 35 U.S.C. 102(a)(1) rejection in the Non-final Rejection is withdrawn in view of the claim amendments distinguishing the claims over the prior art cited in the rejection. However, those claims are unpatentable under 35 U.S.C. 103 as explained below.
Response to Arguments
Applicant argues, in the middle of page 5, Willame (U.S. Patent No. 489,356) does not disclose or suggest the over-center mechanism as claimed in amended claim 23. Examiner finds the argument persuasive. Accordingly, the 35 U.S.C. 102(a)(1) rejection has been withdrawn. However, the can seaming prior art teaches an overcenter mechanism as claimed such that it would have been obvious under 35 U.S.C. 103 to combine a prior art overcenter mechanism with the method and apparatus of Willame to arrive at the claimed invention as explained below.
Applicant argues, in the bottom third of page 5, claim 26 has been amended to further distinguish the claim over the previous rejection. Examiner agrees the amendments made to claims 23 and 26 distinguishes claim 26 over the previous rejection. However, the prior art renders claim 26 unpatentable in view of U.S. Patent No. 2,025,350 to Kronquest as explained below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 23-29 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 489,356 to Willame, hereinafter “Willame”, in view of U.S. Patent No. 2,025,350 to Kronquest, hereinafter “Kronquest”.
Regarding claim 23, Willame discloses a method of seaming a can, the method comprising the steps of:
- providing a blank of a can (can 15 in Figs. 5-9; page 2, line 19-28) and an upper cap of a can (cap cover 13 in Figs. 5-9; page 2, line 24-27);
- positioning the blank of a can on a lower chuck of a can seaming apparatus, the lower chuck being rotatable relative to a frame (can 15 is positioned on lower chuck b which is rotatable relative to the machine frame shown in Figs. 1 and 2);
- positioning the upper cap on the can blank (cover 13 is placed on can 15 as shown in Fig. 5);
- raising the lower chuck so that the upper cap of the can engages an upper chuck spaced apart from the lower chuck, and the lower chuck reaches an engaging configuration (lower chuck b is raised by turning handwheel i so that cover 13 of can 15 engages upper chuck a spaced apart from lower chuck b; page 1, line 56-64);
- actuating the driving assembly so as to rotate the lower and upper chucks and the blank of the can and upper cap about an axis of rotation (page 2, line 19-24 disclose lower chuck b, upper chuck a, can 15 and cover 13 are rotated through upper chuck disk a being connected to driving pulley e shown in Figs. 1 and 2; page 1, line 43-49);
- rotating in a first direction a first seam forming subassembly by way of a first handle extending therefrom to engage the blank of the can and upper cap of the can, deforming the blank of the can and the upper cap of the can (page 2, line 24-30 disclose handle lever 4 in Fig. 2 is rotated to engage disk 10 with cap 13 as shown in Fig. 6);
- rotating in a second direction the first seam forming subassembly by way of the first handle, to disengage the first seam forming subassembly from the blank of the can and upper cap (page 2, line 30-31 disclose lever 4 is replaced to its original position which entails rotating lever 4 in the opposite direction from its engaging direction);
- rotating in a first direction the second seam forming subassembly by way of a second handle extending therefrom to engage the blank of the can and upper cap, deforming the blank of the can and the upper cap of the can to seal the blank of the can to the upper cap of the can (page 2, line 31-38 disclose handle lever u is then rotated to engage can 15 and cap 13 to seal the can as shown in Fig. 7);
- rotating in a second direction the second seam forming subassembly by way of the second handle, to disengage the second seam forming subassembly from the blank of the can and the upper cap (page 2, line 38-39 disclose lever u is replaced to its original position which entails rotating lever u in the opposite direction from its engaging direction); and
- unlocking the lower chuck through the overcenter mechanism (handle k must then be rotated to unlock lower chuck b in order to release the formed can; page 1, line 68-72); and
- removing the blank of the can and upper cap of the can which define a formed can (the formed can may then be removed from lower chuck b).
Willame does not disclose raising and locking the lower chuck with a handle having an axis of rotation that is perpendicular to an axis of rotation of the lower chuck because handwheel i does not lock the lower chuck in through an overcenter mechanism in the way claim 23 has been amended to claim.
In the same field of apparatus for seaming a can, Kronquest teaches it was known before the effective filing date of the claimed invention to raise the lower chuck with a handle having an axis of rotation that is perpendicular to an axis of rotation of the lower chuck (lower chuck flanging head 21 in Fig. 1 is raised by rotating handle lever 32 about the axis of rotation of pivot pin 33 which is arranged perpendicular to the axis of rotation of flanging head 21) which locks the lower chuck in through an overcenter mechanism through further rotation of the handle about the axis of the can seaming apparatus (lower chuck flanging head 21 is locked in through an overcenter mechanism by further rotation of handle lever 32 as shown in the progression from Fig. 3 to 4). See page 1, column 2, line 47 through page 2, column 1, line 32.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute Kronquest’s lower chuck raising and locking structure for Willame’s lower chuck block j and handle k. A person of ordinary skill would have recognized applying the teaching of Kronquest to the method and apparatus disclosed by Willame would achieve the predictable result of locking Willame’s lower chuck b in through an overcenter mechanism as taught by Kronquest.
Regarding claim 24, the prior art reference combination of Willame in view of Kronquest renders the method of claim 23 unpatentable as explained above. Willame further discloses comprising the steps of:
- leaning the blank of the can against an inner edge of a can positioning bracket (page 2, line 19-24 disclose can 15 is leaned against inner edge frustums 12 of chucks a and b as shown in Fig. 3); and
- directing the blank of the can away from the inner edge of the can positioning bracket by the upper chuck contacting the upper cap during the step of raising, so that in the step of actuating the drive assembly, the blank of the can is rotated in a spaced apart orientation relative to the inner edge of the blank of the can (Figs. 5-9 show can 15 and cover 13 removed away from frustums 12 during operation of drive pulley e).
Regarding claim 25, the prior art reference combination of Willame in view of Kronquest renders the method of claim 23 unpatentable as explained above. Willame further discloses the first direction of the step of rotating in a first direction of the first seam forming assembly and the first direction of the step of rotating in a first direction of the second seam forming assembly comprise opposite directions (handle lever 4 in Fig. 2 is moved from right to left to engage can 15 while handle lever u is moved from left to right in Fig. 2 to engage can 15).
Regarding claim 26, the prior art reference combination of Willame in view of Kronquest renders the method of claim 23 unpatentable as explained above. Kronquest further teaches the overcenter mechanism further comprises:
- a lower clamp rod (lower clamp rod bracket sleeve 22 in Figs. 1, 1a, 3 and 4); a linkage (linkage carrier member 23 in Figs. 1, 1a, 3 and 4); and an overcenter handle (handle lever 32 in Figs. 1, 1a, 3 and 4), wherein the linkage is pivotably coupled at a first end to the lower chuck and at a second end to the overcenter handle (linkage carrier member 23 is couple to lower chuck flanging head 21 at its upper end and is coupled to pivotally ride upon cam face 34 of handle lever 32 at its lower end), and the lower clamp rod is coupled at one end to the frame and at the other end pivotably coupled to the overcenter handle (lower clamp rod bracket sleeve 22 is couple to frame base member 1 and is coupled to handle lever 32 via pivot pin 33);
- the step of raising the chuck further including the step of: rotating the overcenter handle relative to the linkage and the lower clamp rod to raise the lower chuck, along the axis of rotation that is perpendicular to the axis of rotation of the lower chuck (when Kronquest’s lower chuck raising and locking structure is substituted for Willame’s block j and handle k as explained in the rejection of claim 23 above, the step of raising the chuck would further include rotating Kronquest’s overcenter handle lever 32 relative to linkage carrier member 23 and lower clamp rod bracket sleeve 22 to raise Willame’s lower chuck b along the axis of rotation of pivot pin 33 of Kronquest’s structure).
Regarding claim 27, the prior art reference combination of Willame in view of Kronquest renders the method of claim 23 unpatentable as explained above. Willame further discloses the step of actuating the driving assembly further comprises the steps of actuating a motor that is coupled to the upper chuck (driving pulley e in Fig. 1 is connected to upper chuck a through bevel wheels d; page 1, line 45-49).
Regarding claim 28, the prior art reference combination of Willame in view of Kronquest renders the method of claim 23 unpatentable as explained above. Willame further discloses the steps of rotating in a first direction a first seam forming subassembly and rotating in a second direction the first seam forming subassembly further comprise the step of grasping the first handle with a first hand of a user (handle lever 4 in Fig.2 is rotated by the hand of a user operator; page 2, line 24-30).
Regarding claim 29, the prior art reference combination of Willame in view of Kronquest renders the method of claim 28 unpatentable as explained above. Willame further discloses the steps of rotating in a first direction a second seam forming subassembly and rotating in a second direction the second seam forming subassembly further comprises the step of grasping the second handle with a second hand of a user (handle lever u in Fig. 2 is rotated by the hand of a user operator; page 2, line 31-38).
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 PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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