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 .
Applicant's election with traverse of claims 1-13 in the reply filed on 6/17/26 is acknowledged. The traversal is on the ground(s) that the storage medium of Group IV cannot be used for the process of deforming a preform into a three-dimensional non-hollow shape as the expandable member is recited as being located within the partially formed receptacle. This is not found persuasive because there is no instruction for placing the expandable member within a hollow member. Further, since the groups have different classifications, a search and examination of each group would be an undue burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 6/17/26.
Claim 7 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.
The phrase “the receptacle” (cl 7:2) is indefinite because it is unclear which receptacle is meant, the partially formed receptacle or the receptacle. It appears it should be the partially formed receptacle.
The phrase “the receptacle” (cl 7:3) is indefinite because it is unclear which receptacle is meant, the partially formed receptacle or the receptacle. It appears it should be the partially formed receptacle.
Corrections are required.
Claims 1-6 and 8-13 are allowed.
Claim 7 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.
The following is an examiner’s statement of reasons for allowance: regarding claim 1, the prior art of record including the closest prior art WO01/61109 teaches
providing a mould (figs 2a-2d and 4a-4d); providing a partially formed receptacle within the mould (figs 2a-2d and 4a-4d; molded body 7 constitutes the partially formed receptacle); providing an expandable member, in a first configuration, within the partially formed receptacle (figs 2a-2d and 4a-4d; core 8 constitutes the partially formed receptacle); however, WO01/61109 neither teaches nor renders obvious every claimed limitation including moving the expandable member, in the first configuration, into contact with a base of the partially formed receptacle such that the expandable member deforms toward a periphery of the base of the partially formed receptacle; and inserting fluid into the expandable member to expand the expandable member from the first configuration to a second configuration more expanded than the first configuration so as to urge the partially formed receptacle against an inner surface of the mould during a process to form the receptacle from the partially formed receptacle.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teaches molding containers with expandable members: EP1029978, JP2000-226800, JP3973368, and FR2854592.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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