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.
Claim 3 is 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. For claim 3, there is no antecedent basis for “the shadow bead insert”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2020/0130220 to Ledford (Ledford).
Concerning claim 1, Ledford discloses a score die for forming a can end, the score die comprising:
a body (18) including a generally planar first surface, the first surface including a score blade, the score blade having a plurality of cutting portions including a first cutting portion (30) and a second cutting portion (32), the score blade comprising a flat vertex (34) disposed at an end of the first cutting portion (30) and the second cutting portion (32);
wherein the score blade has a width between 0.0002 and 0.0008 inches (¶64).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledford in view of U.S. Patent No. 6,266,992 to Butcher et al (Butcher).
Concerning claim 2, Ledford does not disclose a shadow bead insert.
Butcher discloses a score die for forming a can end, the score die comprising:
a body including a generally planar first surface, the first surface including a score blade (for 139) and first surface of the body includes a shadow bead insert (105) configured to define a shadow bead in a tear panel of a can end (for 141).
Because both these references are concerned with a similar problem, i.e. scoring die for forming a can end, it would have been obvious to a person of ordinary skill in the art at the time of the invention to add the shadow bead insert of Butcher to the body of Ledford. In KSR (KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007)) the courts held that combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. Accordingly a simple addition of the shadow bead insert of Butcher to the body of Ledford will obtain predictable results and is therefore obvious and proper combination of the references is made. The predictable results being adjustability.
Concerning claim 3, Butcher, as applied to Ledford, discloses the shadow bead insert (105) is configured to press the shadow bead into a cavity defined within a score anvil (125).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2016/0354832 is a similar invention to Ledford.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
06/22/2026
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