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 .
1.Claims 1-17 are 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.
Applicant has set forth certain elements of the container treatment system in independent claims 1 and 8. However, it is not clearly set forth that these elements are in fact the components from which the “at least one component” is selected. This can be corrected by inserting –as components—after “unit”, first occurrence, at line 4 of claim 1 and line 4 of claim 8. Also, the first and second transport apparatus of claims 6 and 13 is not recited in the independent claims as one of the components of the system. Hence, the term –additionally—should be inserted after “component” at line 2 of claim 6 and line 1 of claim 13 for clarity.
2.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) 1-5, 8-12 and 15-17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Lappe et al 2011/0298145 (see paragraphs 0017, 0021, 0027, 0037 and 0044-0045).
Lappe et al discloses the instant container treatment system and method for regulating the temperature of a preform (see paragraph 0037) in a system comprising a production machine for the preform, a heating apparatus downstream thereof, a blow molding machine downstream thereof and a control unit (see Abstract and the above-noted paragraphs) wherein the control unit is designed to regulate an operating parameter of at least one component of the system based on an actual temperature of a preform measured upstream of the blow molding machine in order to achieve the desired target temperature at the blow molding machine. See paragraph 0037 for the aspect of when the preform reaches a desired temperature, the heating can be stopped, and hence the operation of the heating apparatus is regulated thereby. See also paragraph 0021, which teaches that the temperature of interest—ie, the desired temperature—is the preform temperature upon entry into the blow molding machine. Instant claims 2 and 9 are met, in that the component is the heating apparatus and the operating parameter is clearly at least the heating duration. For instant claims 3, 4, 10 and 11, see paragraph 0045. Since the reference discloses regulating an operating parameter of both the heating apparatus and the production machine when the preform temperature is not at the desired temperature, it is submitted that instant claims 5 and 12 are thereby met. It is submitted that an actual or target temperature as disclosed in Lappe et al would constitute a temperature distribution as set forth in instant claim 15. In this regard, see paragraph 0021, which teaches that the preforms “have the same temperature, in particular the same temperature profile”, with a “ temperature profile” submitted to be the instant “temperature distribution”. Instant claims 16 and 17 are taught at paragraph 0072.
3.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) 6, 7, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lappe et al 2011/0298145.
Lappe et al discloses the basic claimed system and method for regulating a preform temperature in a container treatment system as set forth in paragraph 1, supra, the applied reference essentially lacking a teaching of the component being a transport apparatus and the operating parameter being that recited in instant claims 7 and 14. Note that Lappe et al (see paragraph 0027) discloses a transfer element as encompassed by the instant first transport apparatus. It certainly would have been obvious to have integrated the control unit to include the operation of the transport apparatus of Lappe et al to facilitate the preforms being heated to the same desired temperature.
4.The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional art on the accompanying 892 form shows the state of the art in container treatment system operation.
5.Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATHIEU D VARGOT whose telephone number is (571)272-1211. The examiner can normally be reached on Mon-Fri from 9 to 6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina A Johnson, can be reached at telephone number 571 272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATHIEU D VARGOT/Primary Examiner, Art Unit 1742
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