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 § 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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LaBarge et al. (hereafter “LaBarge”)(US Patent 4,685,849).
With regards to claim 1, LaBarge discloses a method of forming a rivet button in a can end, the method comprising:
providing a sheet material with a base thickness (14);
forming the sheet material into a shel1(12);
forming a bubble (142) on the shell;
forming the bubble into a rivet button (192) with a top portion, wherein the top portion comprises a rounded profile having a plurality of curvatures each having a distinct radius of curvature [Column 22, lines 48-58, Figures 27-29]; and
performing finishing operations on the can end [Column 21, lines 54-57 and Column 23, lines 15-30].
With regards to claim 2, LaBarge discloses wherein the step of forming the bubble (142) into a rivet button comprises:
forming the bubble into a first rivet button (192) at a first rivet station [Column 22, lines 25-38]; and
forming the first rivet button into a second rivet button at a second rivet station, wherein the second rivet button comprises a rounded exterior surface and a rounded interior surface and defines an arcuate rivet sidewall [Column 22, lines 59+].
With regards to claim 3, LaBarge discloses wherein the step of performing finishing operations on the can end includes:
providing a tab (10) with a body, the body including an opening;
positioning the tab over the rivet button with the rivet button extending through the tab opening, Figures 6-9; and
forming the rivet button into a rivet (36) with a rounded head,
wherein the rivet has an overlap of the tab body, as seen in Figure 31.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: US 2005/0199627.
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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