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 .
Election/Restrictions
Applicant's election with traverse of Group IV, claims 13-16, in the reply filed on October 29, 2025 is acknowledged. The traversal is on the ground(s) that the claim element “a reciprocating gas-emitting dispenser operably associated with the linear actuator for back-and-forth movement over the parison mold carriage” in claim 1 reads on the claimed combination of the hollow gas distribution bar operably associated with the linear actuator for back-and-forth movement and the planar plenum chamber mounted to the hollow gas distribution bar. This is not found persuasive because independent claim 1 in group I requires a reciprocating gas-emitting dispenser operably associated with the linear actuator for back-and-forth movement over the parison mold carriage, but does not require a hollow gas distribution bar operably associated with the linear actuator for back-and-forth movement and defining a gas inlet and a gas outlet; and a planar plenum chamber mounted to the gas distribution bar and in gas flow communication therewith: said planar plenum chamber comprising a hollowed out top plate and a perforated bottom plate coextensive with the top plate, as recited in independent claim 13 in group IV. Thus, the independent claims in each group are based on divergent features and constitute patentably distinct combinations and a serious search and examination burden would exist if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 13-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,186,964 (‘964) in view of Xu (CN 213623258; page numbers to corresponding English language translation).
Claim 13: Claim 1 of ‘964 recites a gas shield for a Blow/Fill/Seal machine which comprises a base plate adapted for attachment to a parison mold carriage; a linear actuator carried by the base plate; a hollow gas manifold operably associated with the linear actuator for back-and-forth movement, defining a gas inlet and plural gas outlets. In the same field of endeavor, Xu discloses a hollow gas distribution bar defining a gas inlet and a gas outlet (fig. 6; hollow air inlet sterilization component chamber 51 with an inlet and outlet); a planar plenum chamber mounted to the bar and in gas flow communication therewith (fig. 6; air shower shell 52), and the chamber including a hollowed out top plate and a perforated bottom plate coextensive with the top plate (air shower shell 52 with a first hollow space between a proximal plate and the pressure distributing plate 525, and a second hollow space between the pressure distributing plate 525 and the ventilation hole 524 and air outlets 529). As taught by Xu, the air dispersing mechanism effectively blows clean air across an extrusion and blow mold to reduce the risk of polluting or damaging the item being molded (pp. 2-3). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the application to have utilized the gas distribution bar and planar plenum chamber of Xu with the gas shield of ‘964 in order to blow clean air across an extrusion and blow mold to reduce the risk of polluting or damaging the item being molded.
Claim 15: Claim 2 of ‘964 discloses the gas shield in accordance with claim 1 and mounted to a mold carriage of a Blow/Fill/Seal machine.
Claim 16: Claim 3 of ‘964 discloses the gas shield in accordance with claim 1 wherein the linear actuator is a pneumatic linear actuator.
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 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dundas (US 2002/0171179) in view of Xu (CN 213623258; page numbers to corresponding English language translation).
Claim 13: Dundas discloses a gas shield generator (abstract). The generator includes a base plate (plate 78) adapted for attachment to a parison mold carriage (assembly 18; ¶ 23); a linear actuator carried by the base plate (¶¶ 23-24; fig. 1; posts 80 permitting movement of plate 78 to the mold through a blow pin drive); and a hollow gas distributor operably associated with the linear actuator for back-and-forth movement and defining a gas inlet and a gas outlet (fig. 2; ¶¶ 16, 27-29; blow pin 22 with discharge mouth 34 at the end of axial blow air tube 32 and mouth 42 and exhaust passage 38).
Dundas is silent as to the gas distributor being a gas distribution bar, a planar plenum chamber mounted to the bar and in gas flow communication therewith, and the chamber including a hollowed out top plate and a perforated bottom plate coextensive with the top plate. However, in the same field of endeavor, Xu discloses a hollow gas distribution bar defining a gas inlet and a gas outlet (fig. 6; hollow air inlet sterilization component chamber 51 with an inlet and outlet); a planar plenum chamber mounted to the bar and in gas flow communication therewith (fig. 6; air shower shell 52), and the chamber including a hollowed out top plate and a perforated bottom plate coextensive with the top plate (air shower shell 52 with a first hollow space between a proximal plate and the pressure distributing plate 525, and a second hollow space between the pressure distributing plate 525 and the ventilation hole 524 and air outlets 529). As taught by Xu, the air dispersing mechanism effectively blows clean air across an extrusion and blow mold to reduce the risk of polluting or damaging the item being molded (pp. 2-3). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the application to have utilized the gas distribution bar and planar plenum chamber of Xu with the gas shield generator of Dundas in order to blow clean air across an extrusion and blow mold to reduce the risk of polluting or damaging the item being molded.
Claim 14: Xu discloses the hollowed out top plate defining an open space (fig. 6; air shower shell 52 with a hollow space between a proximal plate and pressure distributing plate 525), a gas supply passageway (fig. 6; air shower shell 52 with a second hollow space between the pressure distributing plate 525 and the ventilation hole plate 524), and a plurality of channels in fluid communication with the open space and the gas supply passageway (p. 4; pressure distributing plate 525 acts as a bleeder plate so that air flows to both sides of the pressure distributing plate 525 and around plate 525 to improve uniformity of air reaching the air outlet 523).
Claim 15: Dundas discloses the generator being operably mounted to a mold carriage of a blow/fill/seal machine (fig. 1; ¶ 23).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Dundas (US 2002/0171179) in view of Xu (CN 213623258; page numbers to corresponding English language translation), as applied to claim 13 above, in view of Werner (US 3,323,277).
Dundas is silent as to the linear actuator being a pneumatic linear actuator. However, in the same field of endeavor, Werner discloses a chamber of an apparatus for heat sealing packages being using a pneumatic linear actuator for back and forth movement (col. 2, line 55 – col. 3, line 3). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to have utilized the pneumatic linear actuator of Werner in the generator of Dundas to allow for effective back and forth movement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754