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 .
Election/Restrictions
Claim 32 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 5/5/2026.
Applicant's election with traverse of Group I, claims 16-31 in the reply filed on 5/5/2026 is acknowledged. The traversal is on the ground(s) that there is unition of invention. Specifically, applicant asserts the common technical features were not properly identified. This is not found persuasive because applicant asserts the fluid passage is formed in the pressing tool. Takeda [JP6-72457] discloses an upper fluid passage (43) that is part of the upper pressing tool (40), and a lower fluid passage (53) that is part of the lower pressing tool (50). Applicant asserts a temperature control fluid is conveyed through the passage to stabilize the temperature of the press. This is not persuasive as the temperature control fluid is not claimed as a feature of the apparatus claim; therefore, it cannot be a common technical feature. Applicant asserts Takeda fails to disclose a fluid passage formed in a pressing tool. Takeda [JP6-72457] discloses an upper fluid passage (43) that is part of the upper pressing tool (40), and a lower fluid passage (53) that is part of the lower pressing tool (50). Applicant asserts Takeda fails to disclose conveyance of a temperature control fluid, this is not a feature required by the apparatus, but even it if was a common feature, Takeda discloses a temperature control fluid (cooling water) that is conveyed though the fluid passage which would stabilize the temperature of the press. There is no common technical feature for the reasons set forth in the Requirement for Restriction/Election and as discussed above. Applicant asserts the claims fall within the approved combination of categories. However, the apparatus must be “specifically designed” to carry out the process, the claimed apparatus is not “specifically designed” for the process as the claimed apparatus is not linked to the process in a way that shows a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
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 16-21 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over either one of Takeda [JP6-72457, machine translation provided] or Masaki [JP60-125643, machine translation provided] in view of Joshi et al. [US2013/0037251].
Takeda discloses an apparatus for manufacturing a can end that has a can end part composed of sheet metal and at least one plastic part joined to the can end part, wherein the apparatus comprises: two pressing tools (female die assembly 40, and male die assembly 50) that can be brought together and that form a press for pressing together the can end part and the plastic part; and an inductor (induction heating coil 42) for supplying an alternating electromagnetic field into a region of the press to inductively heat the can end part and thereby to join the can end part to the plastic part, wherein a fluid passage (cool water passage 43 or heating/cooling mechanism 53) is formed in at least one of the pressing tools (40 or 50) (Figure 8; paragraphs 0014-0030).
Masaki discloses an apparatus for manufacturing a can end that has a can end part composed of sheet metal and at least one plastic part joined to the can end part, wherein the apparatus comprises: two pressing tools (15 and 15’) that can be brought together and that form a press for pressing together the can end part and the plastic part; and an inductor (16 and 16’) for supplying an alternating electromagnetic field into a region of the press to inductively heat the can end part and thereby to join the can end part to the plastic part, wherein a fluid passage (18) is formed in at least one of the pressing tools (Figures 4, 6).
Takeda and Masaki each disclose a pipe or passage to convey cooling medium to the fluid passage, but neither disclose the details of a temperature control apparatus.
Joshi discloses a thermal control system. Like Takeda and Masaki, Joshi provides a fluid though a conduit and passage to cool an element of the apparatus. Joshi discloses a temperature control apparatus (thermal control system) provided to convey a temperature control fluid (cooling fluid) though a fluid passage (cooling channels) in order to stabilize the temperature of a component of the apparatus (paragraphs 0005-0006, 0024, 0032).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the apparatus of either one of Takeda or Masaki to include a temperature control apparatus as taught by Joshi in order to accurately and effeciently control the temperature of the cooling fluid and components of the apparatus.
With respect to claim 17, Joshi discloses the temperature control apparatus has a cooling apparatus for cooling the temperature control fluid (paragraph 0030), a heating apparatus for heating the temperature control fluid (paragraph 0031), and/or a fluid pump having a controllable conveying quantity (paragraph 0029).
With respect to claim 18, Joshi discloses the temperature control apparatus has an electronic control device that is configured to control or to regulate the temperature of the temperature control fluid and/or of the press in accordance with a default value (paragraph 0039).
With respect to claim 19, Takeda and Masaki each disclose the inductor is arranged at an outer surface of one of the pressing tools (Takeda discloses a coil 42 at an outer surface of press 40, Figure 8; Masaki discloses the inductor 16 is at an outer surface of the press, Figure 6).
With respect to claim 20, Takeda and Masaki each disclose the fluid passage is formed in that pressing tool at whose outer surface the inductor is arranged (Takeda the fluid passage 43 is in the pressing tool 40, Figure 8; Masaki the fluid passage 18 in the pressing tool 15; Figure 6).
With respect to claim 21, Takeda and Masaki each disclose at least one of the pressing tools is formed by two joined-together tool parts, with the fluid passage being formed between the joined-together tool parts (Takeda discloses two parts 44, 42, 48 in the press tool 40, Figure 8; Masaki discloses at least two parts 16, 16b, 17 in the tool 15, Figures 4 and 6).
With respect to claim 27, Takeda and Masaki each disclose the inductor comprises a strand (Takeda Figure 8; Masaki Figure 6).
Claims 26, and 28-31 are rejected under 35 U.S.C. 103 as being unpatentable over either one Takeda and Masaki, Joshi, and further in view of Piech [EP3546199].
Either one of Takeda as modified or Masaki as modified discloses an apparatus for manufacturing a can end. Applicant is referred to paragraph 5 for a detailed discussion of Takeda as modified and Masaki as modified. Takeda and Masaki discloses apparatus but does not disclose all of the details of the configuration of the fluid passage and inductor as required by the claims.
Piech discloses an apparatus for manufacturing a can end. Piech discloses an apparatus with a spiral fluid passage and an inductor with a central and peripheral section (Figures 3-5). It would have been obvious to one of ordinary skill in the art at the time of invention to modify the apparatus of either of Takeda or Masaki to include the configuration as taught by Piech in order to efficiently and uniformly heat and cool the components to be bonded.
With respect to claim 26, Piech discloses the fluid passage (11 into 13) at least regionally has a spiral course (Figure 5).
With respect to claim 28, Piech discloses the inductor has a central section (13) extending in a base plane and at least one peripheral (12) section offset from the base plane (Figure 4).
With respect to claim 29, Piech discloses the central section (13) is a spiral central section (Figure 3 and 5).
With respect to claim 30, Piech discloses the at least one peripheral section (12) is an annular peripheral section (Figure 3 and 5).
With respect to claim 31, Piech discloses the peripheral section is arranged peripherally around the can end located in the press (Figure 2).
Allowable Subject Matter
Claims 22-25 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
July 16, 2026
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