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)(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, 2, 5-8, and 13-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tisma (U.S. Patent No. 6,223,507).
Regarding claim 1: Tisma discloses a stationary folding rail that comprises:
(a) a first folding rail section with a first folding surface and a first folding angle of between 20 and 90 degrees (Fig. 9; via upstream portion of 200); and
(b) a second folding rail section that adjoins the first folding rail section in the direction of a processing path, wherein the second folding rail section comprises a second folding surface and a second folding angle that is greater than the first folding angle (via middle and/or end downstream portion of 200); and
(c) a shoulder having an engagement feature, see for example (Fig. 9A; via the shown cam spiral track 208); configured to cause rotation of a closure cap as the closure cap is moved along the stationary folding rail (intended use limitations of the claimed “engagement feature” not given much patentable weight,
wherein when an edge portion of a mantle of a closure cap is moved along the stationary folding rail in the direction of the processing path circumferentially along an axis of rotation, the edge portion is folded via the first folding angle and the second folding angle about a folding axis oriented orthogonally to the axis of rotation; thereby substantially forming a retaining ring that locks the closure cap onto a container, (via closing top portion of container to the body of the container). Further, it is noted that those limitations are intended use limitations of the claimed folding rail, which not given much patentable weight.
Regarding claim 2: wherein the first folding angle is between 40 and 50 degrees, see for example (Fig. 9; via the folding angle of the top of the container to the body appears to be between 40-50 degrees at the upstream portion of 200).
Regarding claim 5: wherein the second folding angle is between 120 and 180 degrees, (via the downstream portion of 200 seems to be between 120 and 180 degrees in respect to the upstream portion).
Regarding claim 6: wherein the second folding angle is between 140 and 160 degrees (Fig. 9; via very end portion of 200).
Regarding claim 7: wherein the first folding rail section and the second folding rail section have a minimum length that corresponds to a circumference of the closure cap (intended use limitations to the claimed folding rail).
Regarding claim 8: further comprising:
(a) a third folding rail section with a third folding surface and a third folding angle that is greater than the second folding angle, wherein the third folding rail section adjoins to the second folding rail section in the direction of the processing path (Fig. 9; via middle-toward end section of 200); and
(b) a fourth folding rail section with a fourth folding surface and a fourth folding angle that is greater than the third folding angle, wherein the fourth folding rail section adjoins to the third folding rail section in the direction of the processing path (via the very end downstream portion of 200).
It is noted that Tisma shows railing section 200 with track surface 208 from the very far upstream section to the very end downstream section shows different angled sections in between with different degrees.
Regarding claim 13: wherein the enactment feature is knurling (Fig. 9A; via the shown cam spiral track 208).
Regarding claim 14: wherein the closure cap includes a cap knurling on an outer surface thereof that matches the knurling of the engagement feature, (intended use limitations of the claimed knurling of the engagement feature; which not given much patentable weight nor the claimed actual product of the closure cap).
Response to Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive.
Applicant argued that the applied art of record to Tisma ‘507 does not suggest the amended claim referring to “a Shoulder having an engagement feature configured to cause rotation of a closure cap as the closure cap is moved along the stationary folding rail”. As set forth above, the office indeed believes that the applied art ‘507 shows “an engagement feature” as shown in Fig. 9A; via the shown cam spiral track 208). The Office further explained that intended use limitations of the claimed “engagement feature” not given much patentable weight.
It is noted that, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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