DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on April 8th 2025 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-19 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.
Claim 1 recites the limitation "…the adjacent central axes of adjacent thin cans…" in the final line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “…thin cans…” This limitation is deemed indefinite because the term is relative.
Allowable Subject Matter
5. Claims 1-19 would be allowable if rewritten or amended 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.
Regarding claim 1, the most relevant prior art is Dieter et al. (US 3,407,563; “Dieter”).
Dieter discloses an applicator system (15, 16) for coupling at least one carrier (1) on top of a confined set of beverage cans (14) to form one or more packages of cans, which allows for controlled deformation of carriers (deformation of the plastic carrier, resulting from moving the bases of the cans (1)) of the type which have a substantially horizontal upper central area (mesh (3)) and a plurality of covering flaps (receiving pockets (4) having a cover (7)) arranged at a level above the upper face of the cans (14), comprising:
a top applicator (carrier plate (206)) in the form of;
a flat square plate (205) with flat faces, configured to produce the controlled deformation of the carrier (1), and
a lower confining component (can-holding plate assembly (63)) to orderly position the set of cans (14) to receive the top applicator (206);
wherein on one of the flat faces, the top applicator (206) includes at least one recess (six pockets (257)) formed by a bottom wall (a base having a channel) and a circular profile which defines a flat exterior perimetral edge of the recess (257) for bending the transition portions (mesh (3) and transition edges (9) and terminal edge (8)) and retaining flaps (narrow cylindrical entrance portion (5)) of the carrier (1) which fit underneath the rim of the cans (14) the carrier plate (206) comprises an exterior lateral edge which pushes the exterior edges (8, 9) of the carrier (1) and comprises supports which also move the narrow cylindrical entrances (5; see Figs. 21-23). Lastly, the lower confining component (63) of the applicator system comprises a quadrangular body (64) having at least one confining cavity (pockets (65)) of multilobular profile (a lobular profile is shown, figure 29), having spacing lobules (65) equal in number to the cans which are to be confined to form a pack of cans (14) (column 4, line 52 to column 21, line 16; figures 1, 2, 5-7, 17-23, 29-32 and 41-49).
Dieter fails to disclose the recess comprises a multilobular profile and a central area from which the project lobules equal in number to the cans which are to be grouped by the same carrier to form a pack.
6. 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.”
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731