DETAILED ACTION
Response to Amendment
The Amendment filed 7/23/2026 has been entered. Claims 1-8, 10-11, 13-18, 20-21 and 23-25 remain pending in the application. Claims 9, 12, 19 and 22 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 1-8, 10-11, 13, 15-18, 20-21 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 20180370701 A1) in view of Marzocchi (US 20080236109 A1).
Regarding claim 1, Maguire teaches cutting device for forming at least one connecting strap on a container closing capsule to keep said capsule attached to container after opening (see Figure 3),
said cutting device comprising at least one cutting edge configured to perform at least one cut on said capsule (see Figure 4), said capsule rolling on said at least one cutting edge during performing of said at least one cut with a cut start and a cut end to form at least a part of said at least one connecting strap (see Figure 4),
said at least one cutting edge being provided with a capsule inlet where said capsule meets said at least one cutting edge to start said at least one cut, and with a capsule outlet where said capsule leaves said at least one cutting edge to end said at least one cut, said cutting including a bevel (see Figure 4).
Maguire fails to teach said at least one cutting edge including at least one transition cutting portion having a beveled edge and arranged on said capsule inlet and/or on said capsule outlet to form at least one cusp-shaped end zone at said cut start and/or at said cut end, said at least one transition cutting portion being arranged backward with respect to a remaining part of said at least one cutting edge so as to penetrate a thickness of said capsule for any capsule for which said at least one cut is performed with a penetration that is greater than zero and less with respect to a penetration of said remaining part of said at least one cutting edge to reduce stress concentration and prevent initiation of a fracture in said at least one cusp-shaped end zone, characterized in that said at least one transition cutting portion is retracted with respect to said remaining part of said at least one cutting to provide a step between said at least one transition cutting portion and said remaining part of said at least one cutting edge.
Marzocchi teaches a progressive cutting edge (see Figure 10c).
It would have been obvious to one of ordinary skill in the art to modify the device of Maguire to change the cutting edge into a progressive cutting edge, as taught by Marzocchi, in order better cut the work piece (abstract of Marzocchi). The resulting device of modified Maguire teaches said at least one cutting edge including at least one transition cutting portion having a beveled edge (as modified, added step cutter would also all have bevels like Maguire) and arranged on said capsule inlet and/or on said capsule outlet to form at least one cusp-shaped end zone at said cut start and/or at said cut end (as modified, see Figure 10c of Marzocchi), said at least one transition cutting portion being arranged backward with respect to a remaining part of said at least one cutting edge so as to penetrate a thickness of said capsule with a penetration that is greater than zero and less with respect to a penetration of said remaining part of said at least one cutting edge to reduce stress concentration and prevent initiation of a fracture in said at least one cusp-shaped end zone (as modified, as the low step is back work it is capable of cutting less work piece, see Figure 10c of Marzocchi), characterized in that said at least one transition cutting portion is retracted with respect to said remaining part of said at least one cutting to provide a step between said at least one transition cutting portion and said remaining part of said at least one cutting edge (as modified, see Figure 10c of Marzocchi).
Regarding claim 2, modified Maguire further teaches said at least one transition cutting portion is contiguous to said remaining part of said at least one cutting edge thereby that said at least one cutting edge continuously performs said at least one cut (see Figure 7 of Maguire).
Regarding claim 3, modified Maguire further teaches a layered structure with at least two plate bodies stacked on top of each other to form an arrangement of cutting edges configured to cut said capsule to form said at least one strap (see Figure 3 of Maguire).
Regarding claim 4, modified Maguire further teaches a cross section of said remaining part of said at least one cutting edge is equal to a cross section of said at least one transition cutting portion, said cross sections being on section planes perpendicular to said at least one cutting edge (as modified, see Figure 10c of Marzocchi and see Figure 10 of Maguire).
Regarding claim 5, modified Maguire further teaches said at least one transition cutting portion is inclined with respect to said remaining part of said cutting edge so that an angle (a) between said transition cutting portion and said remaining part of said at least one cutting edge is right angle; said at least one transition cutting portion comprising a rectilinear portion (see Figure 10)
Modified Maguire fails to teach the angle is obtuse.
It would have been an obvious matter of design choice to make the angle into an obtuse angle of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. MPEP 2144.04 IV. B.
Regarding claim 6, modified Maguire further teaches said at least one transition cutting portion is joined to said remaining part of said at least one cutting edge, said at least one transition cutting portion being curved; said at least one cutting transition portion comprising, a circumference arc (see Figure 7 of Maguire).
Regarding claim 7, modified Maguire further teaches said at least one transition cutting portion comprises a straight portion (see Figure 10 of Maguire).
Regarding claim 8, modified Maguire further teaches at least one further cutting edge for performing a further cut on said capsule, said at least one cutting edge being spaced from said at least one further cutting edge by a non-cutting recess so that said at least one cut is distinct from said further cut, said cutting device further comprising two transitional cutting portions separated by a further recess to form two cusp-shaped end zones of said at least one strap (as modified, see Figure 10c of Marzocchi and see Figure 10 of Maguire).
Regarding claim 10, modified Maguire further teaches said at least one transition cutting portion and said remaining part of said cutting edge lie on one same plane (see Figure 10 of Maguire).
Regarding claim 11, Maguire teaches Cutting device for forming at least one connecting strap on a container closing capsule to keep said capsule attached to container after opening (see Figure 3), said cutting device comprising at least one cutting edge configured to perform at least one cut on said capsule, said capsule rolling on said at least one cutting edge during performing of said at least one cut with a cut start and a cut end to form at least a part of said at least one connecting strap (see Figure 7),
said at least one cutting edge being provided with a capsule inlet where said capsule meets said at least one cutting edge to start said at least one cut, and with a capsule outlet where said capsule leaves said at least one cutting edge to end said at least one cut (see Figure 4)
Maguire fails to teach said at least one cutting edge including at least one transition cutting portion having a beveled edge and arranged on said capsule inlet and/or on said capsule outlet to form at least one cusp-shaped end zone at said cut start and/or at said cut end, said at least one transition cutting portion being arranged backward with respect to a remaining part of said at least one cutting edge so as to penetrate a thickness of said capsule for which said at least one cut is performed with a penetration that is greater than zero and less with respect to a penetration of said remaining part of said at least one cutting edge to reduce stress concentration and prevent initiation of a fracture in said at least one cusp-shaped end zone, wherein said at least one transition cutting portion is rounded, said least one transition cutting portion comprising at least one curve surface configured to cut said cut start and/or said cut end, said at least one curve surface being curved in at least one direction transverse to a median plane.
Marzocchi teaches a progressive cutting edge (see Figure 10c).
It would have been obvious to one of ordinary skill in the art to modify the device of Maguire to change the cutting edge into a progressive cutting edge, as taught by Marzocchi, in order better cut the work piece (abstract of Marzocchi). The resulting device of modified Maguire teaches said at least one cutting edge including at least one transition cutting portion having a beveled edge (as modified, added step cutter would also all have bevels like Maguire) and arranged on said capsule inlet and/or on said capsule outlet to form at least one cusp-shaped end zone at said cut start and/or at said cut end (as modified, see Figure 10c of Marzocchi), said at least one transition cutting portion being arranged backward with respect to a remaining part of said at least one cutting edge so as to penetrate a thickness of said capsule with a penetration that is greater than zero and less with respect to a penetration of said remaining part of said at least one cutting edge to reduce stress concentration and prevent initiation of a fracture in said at least one cusp-shaped end zone (as modified, as the low step is back work it is capable of cutting less work piece, see Figure 10c of Marzocchi), wherein said at least one transition cutting portion is rounded, said least one transition cutting portion comprising at least one curve surface configured to cut said cut start and/or said cut end, said at least one curve surface being curved in at least one direction transverse to a median plane (as modified, with curve for the cap of Maguire, see Figure 7 of Maguire).
Regarding claim 13, modified Maguire further teaches said at last one curve surface is cone shaped, in particular semi-cone shaped, a peak of said cone being obtained at said remaining part of said at least one cutting edge (see Figure 7 of Maguire).
Regarding claim 15, modified Maguire further teaches said at least one transition cutting portion is contiguous to said remaining part of said at least one cutting edge thereby that said at least one cutting edge continuously performs said at least one cut (see Figure 7 and 10 of Maguire).
Regarding claim 16, modified Maguire further teaches a layered structure with at least two plate bodies stacked on top of each other to form an arrangement of cutting edges configured to cut said capsule to form said at least one strap (see Figures 3, 7 and 10 of Maguire).
Regarding claim 17, modified Maguire further teaches cross section of said remaining part of said at least one cutting edge is equal to a cross section of said at least one transition cutting portion, said cross sections being on section planes perpendicular to said at least one cutting edge (see Figure 10 of Maguire).
Regarding claim 18, modified Maguire further teaches said at least one transition cutting portion is inclined with respect to said remaining part of said cutting edge so that an angle between said transition cutting portion and said remaining part of said at least one cutting edge is right angle; said at least one transition cutting portion comprising a rectilinear portion (see Figure 10), wherein said at least one transition cutting portion is joined to said remaining part of said at least one cutting edge, said at least one transition cutting portion being curved, said at least one cutting transition portion comprising a circumferential arc (see Figure 7).
Modified Maguire fails to teach the angle is obtuse.
It would have been an obvious matter of design choice to make the angle into an obtuse angle of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. MPEP 2144.04 IV. B.
Regarding claim 20, modified Maguire further teaches said at least one transition cutting portion is retracted with respect to said remaining part of said at least one cutting edge to provide a step between said at least one transition cutting portion and said remaining part of said at least one cutting edge, said at least one transition cutting portion comprising a straight portion (see Figure 10 of Maguire).
Regarding claim 21, modified Maguire further teaches at least one further cutting edge for performing a further cut on said capsule, said at least one cutting edge being spaced from said at least one further cutting edge by a non-cutting recess so that said at least one cut is distinct from said further cut, Said cutting device further comprising two transitional cutting portions separated by a further recess to form two cusp-shaped end zones of said at least one strap (see Figures 3 and 10 of Maguire).
Regarding claim 23, modified Maguire further teaches said at least one transition cutting portion and said remaining part of said cutting edge lie on one same plane (at 155, see Figure 10 of Maguire).
Regarding claim 24, modified Maguire further teaches cutting apparatus for forming at least one connecting strap on a capsule for closing a container to keep said capsule attached to said container after opening (see Figure 4), said cutting apparatus comprising:
- a feeding zone into which said capsule to be cut is fed (upstream of the arrow);
- a cutting zone downstream of said feeding zone in which said capsule is cut, where “downstream” is intended with reference to a path of advancement of said capsule (at the end of 72);
- an unloading zone downstream of said cutting zone in which said capsule is unloaded or transferred to a subsequent processing zone (top side of Figure 4);
- one or more cutting devices according to claim 1 arranged in said cutting zone to form at least one strap on said capsule;
- a carousel (70) for capsules comprising a plurality of mandrels (71) mounted angularly spaced apart on a periphery of said carousel, each mandrel being arranged to engage with a capsule, to rotate said capsule on itself and transporting said capsule along said advancement path through said feeding zone, said cutting zone and said unloading zone (70, see Figure 4 of Maguire).
Regarding claim 25, modified Maguire further teaches cutting apparatus for forming at least one connecting strap on a capsule for closing a container to keep said capsule attached to said container after opening (see Figure 4), said cutting apparats comprising:
feeding zone into which said capsule to be cut is fed (top side);
a cutting zone downstream of said feeding zone in which said capsule is cut, where “downstream” is intended with reference to a path of advancement of said capsule (see Figure 4);
an unloading zone downstream of said cutting zone in which said capsule is unloaded or transferred to a subsequent processing zone (bottom side in Figure 4);
one or more cutting devices according to claim 11 arranged in said cutting zone to form at least one strap on said capsule,
a carousel (70) for capsules comprising a plurality of mandrels (71) mounted angularly spaced apart on a periphery of said carousel, each mandrel being arranged to engage with a capsule, to rotate said capsule on itself and transported said capsule along said advancement path through sad feeding zone, said cutting zone and said unloading zone (see Figure 4 of Maguire).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 20180370701 A1) in view of Marzocchi (US 20080236109 A1) and in further view of Batchelder (US 2349336).
Regarding claim 14, modified Maguire further teaches at least one base surface configured to connect said at least one surface to a base of said at least one cutting edge is provided (see Figure 10); and wherein said at least one cutting edge is obtained on a peripheral edge of a plate body, said plate body being provided with an upper face and a lower face opposite to each other (see Figure 10); and wherein at least one upper base surface to connect said at least one surface to said upper face and at least one lower base surface to connect said at least one surface to said lower face (see Figure 10 of Maguire).
Maguire fails to teach the surfaces are curved.
Batchelder teaches a cutting edge with two curved surface sides to make up the cutting edge.
It would been obvious to one of ordinary skill in the art to modify the device of Maguire to change the cutting edge profile, as taught by Batchelder, in order to reduce stress during cutting (page 3 lines 16-34 of Batchelder).
Response to Arguments
Applicant's arguments filed 7/23/2026 have been fully considered but they are not persuasive.
The affidavit (points 6-8) under 37 CFR 1.132 filed 7/23/2026 is insufficient to overcome the rejection of claims 1 and 11 based upon Maguire in view of Marzocchi as set forth in the last Office action because: The affidavit is base on the option of one person and not the common skill level of one of ordinary skill in the art. In this case Maguire teaches a cap cutting system, but fails to teach step in the cutting, while Marzocchi teaches a step shape for a progressive cutting edge (see Figure 10c of Marzocchi), therefore, it would have been obvious to one of ordinary skill in the art to modify the device of Maguire to change the cutting edge into a progressive cutting edge, as taught by Marzocchi, in order better cut the work piece (abstract of Marzocchi).
In response to applicant's argument that Marzocchi is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Marzocchi teaches the cutting of a work piece using a step shape cuter, which is the same pertinent problem the invention is trying to solve, thus considered as analogous art.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, In this case Maguire teaches a cap cutting system, but fails to teach step in the cutting, while Marzocchi teaches a step shape for a progressive cutting edge (see Figure 10c of Marzocchi), therefore, it would have been obvious to one of ordinary skill in the art to modify the device of Maguire to change the cutting edge into a progressive cutting edge, as taught by Marzocchi, in order better penetrate cut the work piece (abstract of Marzocchi).
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 9/04/2026
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