DETAILED ACTION
Claim Rejections - 35 USC § 112
1. 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.
2. Claims 4 and 20 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.
Regarding claims 4 and 20, it is not clear if the beads are separate from the down bead already defined by claim 15, or if they are in addition to the bead. Examiner notes that if they are in addition to the bead, the claim should be amended to say “further comprising”; if not, the claim should be amended to say that the beads comprise the down bead which has already been claimed.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,500,577 (Wichelhaus).
Regarding claim 15, Wichelhaus teaches a can end for enclosing a container body comprising:
a curl (2) extending circumferentially about a longitudinal axis (not explicitly shown but inherently present as the end is circular as seen in Figures 4 and 5);
a circumferential wall (where 11 points in Figure 7) extending downwardly from a radially inner portion of the curl (see 11 depending downwardly from the radially inner side of 2 in Figure 7);
a circumferential strengthening member (the unlabeled U-shaped channel, commonly known in the art as a countersink, located radially between 11 and 25 in Figure 7) joined to lower segment of the circumferential wall
a center panel (11) about which the circumferential strengthening member (clearly shown in Figure 6 noting the circumferential strengthening member is comprised of the two circles between 11 and the radially outermost circle, in Figure 6) extends having a public side (the axially upper side in Figure 7) opposite a product side (the axially lower side in Figure 7), the center panel comprising;
a peripheral edge defining a radially outer perimeter of the center panel (see location of 11 in Figure 8);
a tear panel (13a) spaced radially inwardly from the peripheral edge, the tear panel defined by a frangible score (12) in the public side and non-frangible hinge segment (12a; see col. 5, lines 56-62; see phantom panel in Figure 2) located between terminal ends of the frangible score; and
a rivet (15);
a tab (2) is attached to the center panel by the rivet, wherein the tab is configured to rotate about the rivet (see phantom position at 16 in Figure 2), the tab comprising:
a lift end (21) opposite a nose portion (17) overlaying the tear panel in a frangible score breaking position (e.g. position of Figure 2);
a rivet island (16a) having a rivet aperture (unlabeled; best seen in Figure 7 where rivet 15 extends through 16a) through which the rivet passes to attach the tab to the center panel (clearly shown in Figure 7);
a void region partially surrounding the rivet island having a first leg extending along a first side of the rivet island and a second leg extending along a second side of the rivet island (see cutout 34 in Figures 4 and 5); and
a tab hinge extending between respective terminal ends of the first and second legs (unlabeled; see unlabeled U-shaped cutout surrounding 15 in Figure 3; the tab hinge extends between the distal ends of the cutout);
a cover (31) is attached to the tab and is rotational therewith (integrally formed with the tab as seen in Figures 7 and 8, and shown between the two figures to be rotational with the tab),
wherein the frangible score is breakable to form a pour opening in the center panel (see phantom movement of tab 16 and torn panel 22 in Figure 2), and the cover is rotatable to overlay the pour opening and effectively reclose the pour opening in a reclosed condition of the can end (see resealing position of Figure 8),
wherein the center panel comprises a down-bead (33) on a side of the center panel opposite the tear panel in relation to the rivet (see e.g. Figure 6 showing 33 located diametrically opposite the rivet 15 from panel 13a),
wherein the down-bead is positioned beneath the nose portion of the tab when the can end is in the reclosed condition (see Figures 5 and 8 showing the nose portion 17 located above down-bead 33 in the reclosed condition) and the down-bead is configured to receive a portion of the nose portion therein (see Figure 8 shown the tab being located below the upper edge of 33 as defined by the ridge at 11, and thus the down-bead is configured to receive the portion of the nose below this ridge level).
Allowable Subject Matter
5. Claims 1-14 are allowed.
6. Claims 16-19 are 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.
7. Claims 4 and 20 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.
8. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, from which claims 2-14 depend, the prior art fails to teach that the bead is located beneath the rivet island of the tab when the can end is in the reclosed condition.
Regarding claim 16, the prior art fails to teach that the bead is located beneath the rivet island of the tab when the can end is in the reclosed condition.
Regarding claim 20, the prior art fails to teach a plurality of beads positioned on an opposite side of the rivet in relation to the tear panel and beneath the rivet island.
No motivation could be found to modify the cited prior art in order to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
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