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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims recites a method of manufacturing “A square can” – however, the claim also requires “a pair of long side walls and a pair of short side walls.” It is unclear how a single “can” can be both “square” and have “a pair of long side walls and a pair of short side walls. A square is defined has having four equal sides. Therefore, the description of a pair of long side walls and a pair of short side walls actually defines a rectangular or a quadrangular can as described in at least paragraph 0012 and shown Figures 1-7 and will be examined as such.
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.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Sugama (JP2012210641).
With regards to claim 1, Sugama discloses a square can manufacturing method of manufacturing a square can including a bottom wall and a square cylindrical part with a pair of long side walls and a pair of short side walls, the square can manufacturing method comprising:
performing drawing and ironing at a planned cylindrical part of an intermediate molded product in a gap between a die machining inner peripheral surface of a die machining through hole (squeeze die hole) formed at a die and a punch machining outer peripheral surface formed at a punch to be inserted into the die machining through hole [Abstract, paragraphs 0014-0025 and Figures 1-4],
wherein the die machining inner peripheral surface includes a die long side wall machining part for performing machining at a planned long side wall part of the intermediate molded product, paragraphs 0014-0025,
the punch machining outer peripheral surface includes a punch long side wall machining part for performing machining at the planned long side wall part, and the die and the punch are formed such that in a state where the punch is inserted into the die machining through hole in an unloaded state, a distance in a short side direction between a center portion of the punch long side wall machining part in a long side direction and the die long side wall machining part is smaller than a distance in the short side direction between both end portions of the punch long side wall machining part in the long side direction and the die long side wall machining part, paragraphs 0014-0025.
With regards to claim 4, Sugama discloses wherein the die machining inner peripheral surface includes a die short side wall machining part for performing machining at a planned short side wall part of the intermediate molded product, the punch machining outer peripheral surface includes a punch short side wall machining part for performing machining at the planned short side wall part, and the die and the punch are formed such that in a state where the punch is inserted into the die machining through hole in an unloaded state, a distance in a short side direction between a center portion of the punch long side wall machining part in a long side direction and the die long side wall machining part is smaller than a distance in the long side direction between the punch short side wall machining part and the die short side wall machining part, paragraphs 0014-0025.
Allowable Subject Matter
Claim 5 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further shows the state of the art: US Patent 3,948,073 and US 2017/0008063.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
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