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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 12, 2025.
Applicant's election with traverse of Group II (claims 8-16) in the reply filed on September 12, 2025 is acknowledged. The traversal is on the ground(s) that the process in claims 8-16 are specially adapted for the manufacture of the product in claims 1-7. This is not found persuasive because the method claims do not require the formation of the outwardly extending bulge in a holding portion, as set forth in the article claims. It is the examiner’s position that the method steps of forming the flange portion and performing a tip diameter reduction do not specifically require the formation of the bulge, as described in article claim 1.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 8-11, 13, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Porucznik et al. (GB2,061,790A) in view of Fedusa et al. (WO 2009158666A1). Porucznik et al. teaches a manufacturing method for a metal container (“cup”) including an opening portion, a sidewall portion, and a bottom portion (shown in figure 1), the manufacturing method comprising the steps of forming a bottomed cup by performing drawing processing on a sheet metal material (“cup drawing”; figure 1), trimming the bottomed cup (“trimming and base forming”; figure 1), performing tip diameter reduction drawing on the bottomed cup (page 1 line 115-page 2 line 14; figures 4, 5), forming the opening portion including a curled portion or a flange portion (page 2 lines 5-14; figure 1), and forming the sidewall portion having a tapered profile by performing diameter reduction drawing at a location closer to the bottom portion than a portion at which the tip diameter reduction drawing is performed.
Porucznik et al. discloses the claimed invention except for the sidewall having a tapered profile. Fedusa et al. teaches that it is known to provide a container with a sidewall having a tapered profile (see figures 1-3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Porucznik et al. with the container having a tapered profile, as taught by Fedusa et al., in order to allow the user to nest multiple cups so they may be stored in a smaller space.
Regarding claim 9, the diameter reduction drawing is performed from the bottom portion side toward the opening portion (figures 4 and 5).
Regarding claim 10, tapered portions and vertical portions are alternately formed at the sidewall portion by the diameter reduction drawing (see figures 4 and 6 of Fedusa et al.).
Regarding claim 11, a longest tapered portion having a longest length, among the tapered portions, is formed in a vicinity of a height center of the sidewall portion (figure 3 of Fedusa et al.).
Regarding claim 13, a base material of the sheet metal material is aluminum, an aluminum alloy, or steel (page 4 lines 16-23).
Regarding claim 14, the sheet metal material is a resin-coated base material (lacquer is a natural resin; page 4 lines 16-23).
Regarding claim 16, cleaning is not performed between or after a series of the steps (Porucznik et al. does not disclose a cleaning step).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Porucznik et al. (GB2,061,790A) in view of Fedusa et al. (WO 2009158666A1), as applied to claim 11 above, and further in view of Atsushi (JP 2017217700A). The modified method of Porucznik et al. discloses the claimed invention except for the printing step. Atsushi teaches that it is known to provide a method with a printing step (see “Printing and painting processes”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified method of Porucznik et al. with the printing step, as taught by Atsushi, in order to advertise the contents of the container.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Porucznik et al. (GB2,061,790A) in view of Fedusa et al. (WO 2009158666A1), as applied to claim 14 above, and further in view of Roeterdink (ES 2344742 T3). The modified method of Porucznik et al. discloses the claimed invention except for the step of locally heating a portion to be processed in the curled portion or the flange portion. Roeterdink teaches that it is known to provide a method with a step of locally heating a portion to be processed in the curled portion or the flange portion (see “Printing and painting processes”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified method of Porucznik et al. with the step of locally heating a portion to be processed in the curled portion or the flange portion, as taught by Roeterdink, in order to easily bend the material to form the flange.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the drawing method.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736