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 Objections
Claims 3 and 8 objected to because of the following informalities:
Regarding claim 3, the phrase “where other conditions of the shot are the same” should be changed to “where other conditions of the shot are same”.
Regarding claim 3, the phrase “where the other conditions of the shot are the same” should be changed to “where the other conditions of the shot are same”.
Regarding claim 8, the phrase “a pressure during a shot with the same other conditions” should be changed to “a pressure during a shot with same other conditions”.
Regarding claim 8, the phrase “here other conditions of the shot are the same” should be changed to “here other conditions of the shot are same”.
Appropriate correction is required.
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 and 8 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.
Regarding claim 1, the phrase “A can manufacturing method including drawing and/or drawing-and-ironing using a press machine” render the claim indefinite because claim 1 is drawing to A can manufacturing method including drawing and/or drawing-and-ironing, and
Claim 1 merely recites “using a press machine” without any active, positive steps delimiting how this use is actually practiced (MPEP 2173.05(q)).
Claims 2-5 are rejected because they depend from claim 1.
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 and 6 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Keiji (JP2015077625A attached NPL, English Machine translation).
Regarding claim 1, Keiji discloses a can manufacturing method including drawing and/or drawing-and-ironing (paragraph 0040) using a press machine (fig.1: (60)), the method comprising:
stripping (fig.1: (68)) that includes removing a punch (fig.1: (11)) from a can after the drawing and/or the drawing-and-ironing,
wherein in the stripping, air is blown out from an air blowing port (fig.1: (18A)) at a tip end (fig.1: (12)) of the punch to perform air assist of assisting extraction of the punch, and
in the air assist, a pressure of the air and/or a blowing timing of the air is adjusted for each shot to a pressure and/or a blowing timing according to a condition of the shot (paragraphs 0042-0043).
Regarding claim 6, Keiji discloses a can manufacturing device for manufacturing cans using drawing and/or drawing-and- ironing (paragraph 0040), the device comprising:
a punch machine (fig.1: (11)); a stripper machine (fig.1: (60)); and a controller (fig.8),
wherein the punch includes an air blowing port (fig.1: (18A)) configured to blow air at a tip end thereof, and the controller performs air blowing control of blowing air from the air blowing port while the stripper is engaged with an end portion of a can and the punch is being removed from the can, and
in the air blowing control, a pressure of the air and/or a blowing timing of the air is adjusted for each shot to a pressure and/or a blowing timing according to a condition of the shot (paragraphs 0042-0043).
Claims 1-2, 4-7 and 9-10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Koutarou (JP2001150043A attached NPL, English Machine translation).
Regarding claim 1, Koutarou discloses a can manufacturing method including drawing and/or drawing-and-ironing (paragraph 0001) using a press machine (fig.1), the method comprising:
stripping (fig.1: (4)) that includes removing a punch (fig.1: (2)) from a can after the drawing and/or the drawing-and-ironing,
wherein in the stripping, air is blown out from an air blowing port (fig.1: (2a)) at a tip end of the punch to perform air assist of assisting extraction of the punch, and
in the air assist, a pressure of the air and/or a blowing timing of the air is adjusted for each shot to a pressure and/or a blowing timing according to a condition of the shot (paragraphs 0026 and 0035).
Regarding claim 2, Koutarou discloses wherein the pressure of the air is adjusted to a pressure corresponding to an operation speed during the shot (paragraph 0033).
Regarding claim 4, Koutarou discloses wherein the blowing timing of the air is adjusted to a timing corresponding to an operation speed and/or the pressure of the air during the shot (paragraphs 0031-0033).
Regarding claim 5, Koutarou discloses wherein the press machine is a body maker (paragraph 0031).
Regarding claim 6, Koutarou discloses a can manufacturing device for manufacturing cans using drawing and/or drawing-and- ironing (paragraph 0001), the device comprising:
a punch machine (fig.1: (2)); a stripper machine (fig.1: (4)); and a controller (fig.1: (6-8)),
wherein the punch includes an air blowing port (fig.1: (2a)) configured to blow air at a tip end thereof, and the controller performs air blowing control of blowing air from the air blowing port while the stripper is engaged with an end portion of a can and the punch is being removed from the can, and
in the air blowing control, a pressure of the air and/or a blowing timing of the air is adjusted for each shot to a pressure and/or a blowing timing according to a condition of the shot (paragraphs 0026 and 0035).
Regarding claim 7, Koutarou discloses wherein the controller adjusts the pressure of the air to a pressure corresponding to an operation speed during the shot (paragraph 0033).
Regarding claim 9, Koutarou discloses wherein the controller adjusts the blowing timing of the air to a timing corresponding to an operation speed and/or the pressure of the air during the shot (paragraphs 0031-0033).
Regarding claim 10, Koutarou discloses wherein the manufacturing device is a body maker (paragraph 0031).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the closet prior art is Koutarou (JP2001150043A), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “wherein when the shot is a shot for a first can after a start of an operation, the pressure of the air is adjusted to be higher than a pressure during a shot where other conditions of the shot are the same, and/or the blowing timing of the air is adjusted to be earlier than a blowing timing during a shot where the other conditions of the shot are the same” in combination with the other limitations of the claim.
Claim 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.
Regarding claim 8, the closet prior art is Koutarou (JP2001150043A), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “wherein when the shot is a shot for a first can after a start of an operation, the controller adjusts the pressure of the air to be higher than a pressure during a shot with the same other conditions of the shot, and/or adjusts the blowing timing of the air to be earlier than a blowing timing during a shot where other conditions of the shot are the same” in combination with the other limitations of the claim.
Claim 8 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 MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725
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