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 .
Claims 1-5 are pending.
Claim Rejections - 35 USC § 102
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 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) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP’991 (JP05-228991A from IDS, see also NPL machine translation).
Re: 1, the JP’991 reference teaches of a temperature adjustment mold (see Fig. 1) for adjusting a temperature of an injection-molded bottomed preform (preform 10) made of resin (see [0010]), the temperature adjustment mold comprising:
an air introduction member (air introduction rod 30) that is inserted into the preform and cools the preform by introducing compressed air from an air supply port into an interior of the preform;
a cavity mold (see elements in the temperature control pot 20, see Fig. 1) that accommodates the preform inside and performs heat exchange in contact with an outer peripheral surface of the preform into which the compressed air has been introduced (see Fig. 1 see air introduction rod 30); and
a heating mechanism (see temperature control blocks 22a-22e, includes electric resistance heating type heater) configured to heat a first portion of the cavity mold (see 22a, Fig. 1) facing the air supply port more than a second portion of the cavity mold located on a downstream side of a flow path of the compressed air than the first portion (see Fig. 1, see also [0011-0013], see also 22b-22e of Fig. 1).
Re: 2 (upon 1), wherein JP’991 reference also teaches of the air introduction member introduces the compressed air from a side of a neck portion (see neck portion 12 region 1, Fig. 1) of the preform, and the heating mechanism heats a portion facing an upper end of a body portion of the preform (10) connected to the neck portion (see Fig. 1 and 2 of the temperature control mechanisms).
Re: 3 (upon 1), wherein JP’991 reference also teaches of the air introduction member (30) introduces the compressed air from a side of a bottom portion of the preform (10), and the heating mechanism (22a-22e) heats a portion facing the bottom portion of the preform. (see Figs. 1 and 2 of the reference, particularly of the heating mechanism, and see Fig. 1 of the air introduction member of compressed air)
Re: 5, the JP’991 reference teaches of a manufacturing apparatus for a resin container, the manufacturing apparatus comprising:
an injection-molding unit configured to injection mold a preform made of resin (see teaching in JP’991 of formed preform from injection molded resin, [0010]);
a temperature adjustment unit ((see teaching of temperature adjustment 22a-22e) that has the temperature adjustment mold according to claim 1 and configured to adjust a temperature of the preform (10) that has been manufactured by the injection-molding unit; and
a blow-molding unit (see teaching of blow molding, [0002, 0022]) configured to blow-mold the preform (10) that has been adjusted in temperature to manufacture a resin container (see teaching of forming the final container, [0017]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP’991, as applied to claim 1 above, and further in view of MARCUS (US 5501589 A).
Re: 4 (upon 1), wherein the cavity mold has a stepped portion in which an outer peripheral portion of the first portion is smaller in diameter than an outer peripheral portion of the second portion, and the heating mechanism is disposed to surround the stepped portion.
The JP’991 reference fails to specifically teach of the stepped portion.
It can be seen with the JP’991 reference having a neck portion (neck mold 18), see Fig. 1. Wherein, the MARCUS reference forming of injection molded parison preforms, including a parison molding station 12, parison cooling stations 14a, 14b, and blowing stations 16a, 16b, see Col. 4, lines 9-26. The reference seen in Figs. 1 and 13, and further with features of split neck molds 32a, 32b, and with temperature controlled, see Col. 4, lines 35-40. The stepped portion can be seen with the different peripheral portions in the split neck mold portion of the MARCUS reference which can be applied to the neck portion of the JP reference. With the references being of the same field of endeavor of injection molded preforms, conditioning, and blow molding.
It would have been obvious for one of ordinary skill in the art to have modified the mold of the JP’991 with a split neck mold portion having the stepped portions as taught by MARCUS as these are combining prior art elements according to known methods to yield predictable results.
Re: 5, the JP’991 in combination of MARCUS reference as seen in claim 4 teaching above would also teach of a manufacturing apparatus for a resin container, with MARCUS teaching of the manufacturing apparatus (injection blow molding machine 10) comprising:
an injection-molding unit (parison injection mold 26) configured to injection mold a preform (see also parison 34) made of resin (see parison molding station 12, Col. 4, lines 26-48);
a temperature adjustment unit (parison cooling stations 14a, 14b) that has the temperature adjustment mold according to claim 1 and configured to adjust a temperature of the preform (parison 34) that has been manufactured by the injection-molding unit; and
a blow-molding unit (blow mold 16a, 16b) configured to blow-mold the preform (parison 34) that has been adjusted in temperature to manufacture a resin container (see Col. 4, lines 40-43).
It would have been obvious for one of ordinary skill in the art to have modified the apparatus of the JP’991 with the particular units as taught by MARCUS as these are combining prior art elements according to known methods to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, most of the references cited show the state of the art concerning parison blow molding with temperature conditionings in regions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744