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.
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, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Porucznik et al. (GB2,061,790A) in view of Amore et al. (HU 9600696A2) and 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 holding portion having an outward bulge, the sidewall having a tapered profile. Amore et al. teaches that it is known to provide a container with a sidewall having a holding portion with an outward bulge (see figure 1; formed from diameter reduction process). 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 holding portion with an outward bulge, as taught by Amore et al., in order to limit the extent of the nesting.
Further regarding claim 1, 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 modified 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 1-5 of Amore 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).
Regarding claim 18, Porucznik et al. teaches a manufacturing method for a metal container (“cup”) including an opening portion, a sidewall portion, a bottom portion (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 and 5) to form a necking portion constituting an upper inclined wall of the holding portion (as modified below), 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 (as modified below) by diameter reduction drawing, wherein the diameter reduction drawing in the sidewall portion forming step is performed in a state where an inner surface of the opening portion is fixed by bringing an inner tool (element 12; figure 4) into contact with the inner surface of the opening portion including the curled portion or the flange portion.
Porucznik et al. discloses the claimed invention except for the holding portion having an outward bulge, the sidewall having a tapered profile. Amore et al. teaches that it is known to provide a container with a sidewall having a holding portion with an outward bulge (see figure 1; formed from diameter reduction process). 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 holding portion with an outward bulge, as taught by Amore et al., in order to limit the extent of the nesting.
Further regarding claim 18, 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 modified 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Porucznik et al. (GB2,061,790A) in view of Amore et al. (HU 9600696A2) and 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 Amore et al. (HU 9600696A2) and 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.
Allowable Subject Matter
Claims 17 and 20 are allowed.
Claims 19 and 21 are 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.
Response to Arguments
Applicant's arguments filed April 6, 2026 have been fully considered but they are not persuasive. Applicant argues that Porucznik et al. does not teach an outwardly bulging holding portion below the opening portion. The secondary reference of Amore et al. (HU 9600696A2) has been added to the rejection for the teaching of forming a metal container with an outwardly bulging holding portion. The inclined wall at the bottom of the bulging holding portion is also taught by Amore et al.
Applicant argues that Porucznik et al. does not teach the sequential process of claim 8. It is the examiner’s position that claim 8 does not set forth the sequence of the steps. Most of the “forming” steps are not given an order in which they are performed in claim 8. The forming of the lower inclined wall of the holding portion through diameter reduction, is taught by the newly added secondary reference of Amore et al.
Regarding the bulging holding portion, it is common knowledge in the art to provide outwardly extending portions to limit the extent of stacking. In fact in U.S.P.C. there is an entire subclass (206/519) directed to defined means to limit the extent of the nesting.
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 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
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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