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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 is indefinite because it requires a second transfer structure when claim 1 does not require a first transfer structure. The examiner notes that Claim 16 requires a first transfer structure.
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.
Claim(s) 1, 13, 16, and 19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zoppas (U.S. Patent 7,425,124). Regarding Claims 1 and 19, Zoppas shows that it is known to have an apparatus for the continuous cycle production of containers from plastic material (Abstract; Column 1, lines 23-26), comprising a metering unit, extruder, and a plurality of outlets (Figure 1, element 6; Column 1, lines 38-46; Column 2, lines 37-42); a forming station including a plurality of female compression elements (Figure 1, element 9; Column 4, lines 3-4, 32-36); a plurality of male elements acting in conjunction the plurality of female compression elements (Column 4, lines 9-17); and a blow molding station (Column 4, lines 41-45).
Regarding Claim 13, Zoppas shows that it is known to carry out a method for the continuous cycle production of containers from plastic material, comprising the following steps: receiving in a metering unit a flow of molten plastic produced by an extruder (Column 4, lines 32-34); separating from the flow of molten plastic a plurality of doses simultaneously through a respective plurality of outlets of the metering unit (Figure 1, element 6; Column 4, lines 33-36); providing a plurality of female compression elements to define a corresponding plurality of seats and receiving the plurality of doses in the corresponding plurality of seats of the plurality of female compression elements (Column 4, lines 18-21); providing a plurality of male elements that is configured to act in conjunction with the plurality of female compression elements to define a corresponding plurality of forming cavities (Column 4, lines 22-26); compressing each dose into a respective forming cavity by means of the plurality of male elements so as to make a plurality of parisons simultaneously by compression moulding (Column 4, lines 9-17); receiving the plurality of moulded parisons in a blow moulding station and blow moulding the plurality of parisons to form a corresponding plurality of containers (Column 4, lines 36-46).
Regarding Claim 16, Zoppas shows the apparatus of claim 1 above, including one comprising a first transfer structure (Column 5, lines 64-67).
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.
Claim(s) 2-5, 8, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zoppas, in view of Imatani et al. (U.S. Patent 8,153,048).
Regarding Claim 2, Zoppas shows the apparatus of claim 1 above, but he does not show the blow molding element specifics. Imatani et al., hereafter “Imatani,” show that it is known to have an extrusion/compression molding/blow molding apparatus which comprises a plurality of female blow molding elements (Column 5, lines 1-3). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of female blow molding elements with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Regarding Claim 3, Zoppas shows the apparatus of claim 2 above, but he does not show more than one blow molding station. Imatani shows that it is known to have an apparatus which comprises more than one blow molding station (Column 10, lines 28-34). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of blow molding stations with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Regarding Claim 4, Zoppas shows the apparatus of claim 3 above, including a plurality of male compression molding elements, but he does not specifically disclose a plurality of male blow molding elements. Imatani shows that it is known to have an apparatus which comprises a plurality of male blow molding elements (Column 10, lines 17-24: male elements are responsible for axial stretching). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of male blow molding elements with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Regarding Claim 5, Zoppas shows the apparatus of claim 4 above, including movable male compression molding elements, but he does not specifically disclose these elements relative to blow molding. Imatani shows that it is known to for an apparatus to have a plurality of male elements which are movable between compression molding and blow molding (Column 9, lines 58-61; Column 10, lines 2-24). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of male blow molding elements with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Regarding Claim 8, Zoppas shows the apparatus of claim 1 above, but he does not specifically describe an unloading station. Imatani shows that it is known to for an apparatus to comprise an unloading station (Column 10, lines 25-27). It would have been obvious for Zoppas’ apparatus to include Imatani’s unloading station in order to effectively direct the finished containers to their final destination.
Regarding Claim 14, Zoppas shows the method of claim 13 above, but he does not show the blow molding element specifics. Imatani show that it is known to have an extrusion/compression molding/blow molding method which comprises a plurality of female blow molding elements which operate continuously/simultaneously (Column 5, lines 1-3). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of female blow molding elements with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Regarding Claim 15, Zoppas shows the method of claim 13 above, but he does not show more than one blow molding station. Imatani shows that it is known to have an apparatus which comprises more than one blow molding station while another plurality of parisons are made by compression molding (Column 10, lines 28-34; Column 12, lines 47-51). It would have been obvious to one of ordinary skill in the art to use Imatani’s plurality of blow molding stations with that of Zoppas’ apparatus in order to match the plurality of compression mold elements.
Claim(s) 6-7, 11-12, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zoppas.
Regarding Claims 6-7, 11, and 20, Zoppas shows the apparatus of claim 1 above, but he does not specifically disclose that the female compression elements (claim 6), metering heads (claim 7), male elements (claim 11, 20), are movable. However, it would have been obvious to one of ordinary skill in the art for these elements of Zoppas’ apparatus to be movable in order to increase functionality of the apparatus and because adjustability, where needed, is not a patentable advance (MPEP 2144.04 (V)(D)).
Regarding Claim 12, and 17-18, Zoppas shows the apparatus of claim 1 above, but he does not show more than one male elements (claim 12), blow molding stations (claim 17), or transfer structures (claim 18). However, it would have been obvious to one of ordinary skill in the art to include more than one of these elements in Zoppas’ apparatus in order to increase throughput of the apparatus and because duplication of parts has no patentable significance unless a new or unexpected result is produced (MPEP 2144.04 (VI)(B)).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742