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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/08/2026 has been entered.
Response to Amendment
The amendment filed on 04/08/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-2 are pending.
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) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazuyuki JP 2013082488A, herein after referred to as Kazuyuki
Regarding claim 1 Kazuyuki discloses a structure of an opening curled portion of a bottle- shaped can (10 container body, Fig. 1) comprising:
a shoulder section (transition section between 10a and 10b, Fig. 1) that is formed on an upper portion of a can trunk in a manner such that a diameter thereof is reduced toward an upper side (Fig. 1);
a cylindrical neck section (10a neck) that is formed integrally above the shoulder section (Fig. 1);
a threaded section (12 screw portion) that is formed on the neck section (Fig. 1);
a cap (20 cap, Fig. 1 and 2a) that is mounted on the threaded section of the neck section;
a bead (13 step shaped jaw) that is formed below the threaded section to be engaged with a tamper evidence band (26 TE band) of the cap (paragraph [0047] lines 3-5); and
the opening curled portion (11 curled portion, Fig. 1-2) that is formed on an opening end of the neck section above the threaded section (Fig. 1-2), wherein:
the opening curled portion comprises
an inner circumferential wall (11g inner circumferential wall, Fig. 2b) leading upwardly from the threaded section (12),
an upper rounded portion (11c outer peripheral side wall, Fig. 2b) bent outwardly in a radial direction of the neck section from an upper end of the inner circumferential wall (11g),
an outer circumferential wall (11d outer peripheral side surface, Fig. 2a) leading downwardly from the upper rounded portion (11c) in parallel to the inner circumferential wall (Fig. 2a),
a lower rounded portion (11f peripheral lower surface, Fig. 2b) bent inwardly in the radial direction from a lower end of the outer circumferential wall (Figs. 2b),
a folded end (100, Fig. 5 modified from Fig. 2a see below) erecting upwardly from the lower rounded portion (11f) while being in contact (108, Fig. 5 see below) with an outer surface of the inner circumferential wall (Fig. 3-4), and
a leading edge (101, Fig. 5 see below) leading from the folded end (100) and confined between the inner circumferential wall and the outer circumferential wall (Figs. 2a and Fig. 5 see below);
a tapered wall (102, Fig. 5 see below) is formed below the inner circumferential wall (11g) to be joined to the threaded section (12), an outer diameter of the tapered wall being increased toward a lower portion thereof (Figs. 1-3); and
a margin surface area (103 and 104, Fig. 5 see below) is formed between the inner circumferential wall (11g) and the tapered wall (102), the margin surface area includes a cylindrical surface area (103, Fig. 5 see below) and a curved surface area (104, Fig. 5 see below),
wherein the cylindrical surface (103, Fig. 5 see below) area extends linearly downwardly from a lowest end of a contact area of the inner circumferential wall with the folded end to the curved surface area (Fig. 5 see below), wherein a curvature center of the margin surface area outside of the neck section is provided at the curved surface area (104, Fig. 5 see below), and wherein a curvature radius of the margin surface area is longer than a curvature radius of the lower rounded portion in a cross-section along a center axis of the neck section (Fig. 2a and 5 see below),
wherein the upper rounded portion includes an apex (11a top, Fig. 2b) as a tip of the curled portion in the direction along the center axis of the neck section, and
a length from an inner surface of the inner circumferential wall to the apex of the curled portion measured in the radial direction (105, Fig. 5 see above) of the neck section is shorter than a length from a starting point of the upper rounded portion in the inner circumferential wall side to the apex of the curled portion measured in the direction along the center axis (106, Fig. 5 see above) of the neck section.
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Regarding claim 2 Kazuyuki discloses the structure of an opening curled portion of a bottle-shaped can of claim 1 and further discloses wherein the curvature center of the margin surface area (103 and 104) is located at a same level as the curvature center of the lower rounded portion or at a level lower than the curvature center of the lower rounded portion in a direction along the center axis of the neck section (Fig. 2 and 5).
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive. Applicant argues that “the portion 103 is not a cylindrical portion”, examiner disagrees. As shown in an updated Fig. 5 above and can be seen in Fig. 2 there is a short linear/cylindrical portion. Applicant argues that “the lowest end 25 does not exist in the curled portion 11 of Kazuyuki, and hence the cylindrical surface 24a cannot be specified in the curled portion 11”, examiner disagrees. As shown in Fig. 3 there is contact between the folded end 100 and the inner circumferential wall 11g and is shown as 108 in Fig. 5 above as the lowest straight portion of the folded end and is thusly the contact area as shown by 25 in the instant application. Applicant states “the curled portion of Kazuyuki will be expanded by the portion 103 which is curved outwardly when the curled portion is pushed down”, this is unclear as the portion 103 is linear/cylindrical. Also, how will the curled portion be expanded? As in the curled portion will unwind? This is unclear. Applicant argues that “the Office Action defines the length 106 between the apex of the curled portion 11 and a portion lower than the starting portion of the upper rounded portion”, examiner disagrees. No specific location is claimed, the claim merely recites “a starting point of the upper rounded portion”, it does not recite the starting point is the height where the upper rounded portion begins to bend or that the starting point of the upper rounded portion is at the height where the angle of the wall begins to change or that the upper rounded portion does not include any of the portions adjacent to it. As such the measurements are taken from a starting point of the upper rounded portion and meet the limitations as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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