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 .
Response to Amendment
Applicant’s amendment filed 9/4/2026 has been entered.
Claims 1-15 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4-6, 8-12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Eberhardt (US PGPUB 2017/0225814-cited in IDS), in view of Kitamoto (US PGPUB 2005/0257623).
Regarding Claim 1, Eberhardt discloses an apparatus (8; Figures 3 or 4) for automatically closing a container (36) with a closing unit (37), said apparatus comprising:
a base plate (platform 10 including plate/surfaces 12, 13; Figure 1) having a driving surface (plate/surfaces 12, 13; Para. 0021),
a first transport member (mover 20) configured to receive and support the container (36; via receiving means 38; Para. 0027),
wherein said first transport member (20) is positionable and movable on the driving surface (12, 13) by magnetic coupling between a rotor magnetic field generated by magnetic means (permanent magnets 19; Figure 2) of the first transport member (20) and stator magnetic fields generated by electric means (coils of 12, 13) of the base plate (10; Para. 0021), such that selective energization of the electric means (coils of 12, 13) drives a movement of the first transport member (20) relative to the driving surface (12, 13; Para. 0021, 0022, 0024), and
a crimping/flanging device (flanging station 53; Figure 4; Para. 0052; see below) configured to crimp a crimp cap (aluminum cap 37) of the closing unit (37) onto the container (Para. 0052 outlines a flanging station for locking an aluminum cap 37 on the container which at least readily implies some form of crimping of the cap to the container),
wherein at least one of the crimping device (53) and the first transport member (20) is configured to:
- move toward the other (to position 150; Para. 0052) to bring the crimp cap (37) of the closing unit, when coupled to the container (36) supported on said first transport member (20), into contact with a crimping element (flanging rollers) of the crimping device (53; note Para. 0052 outlines engaging the cap with flanging rollers),
the crimping device (53) configured to crimp the crimp cap (37) circumferentially around an annular shoulder of the container (36; note Para. 0052 outlines engaging the cap with flanging rollers which at least implies crimping around the shoulder of the container).
However, although Eberhardt does not explicitly recite a crimping device, the flanging station (53; Figure 4) can be readily implied as forming a crimping device in order to form the locking connection with the aluminum cap (37) as outlined (see Para. 0052). Further, although Eberhardt discloses flanging rollers, which can be reasonably implied as being rotated (or the container rotated) to allow the crimping/flanging device (53) to crimp the crimp cap (37) circumferentially around an annular shoulder of the container (36), Eberhardt does not explicitly recite at least one of the first transport member is configured to rotate about a longitudinal axis of the container and the crimping device is configured to rotate around the container, to crimp the crimp cap circumferentially around an annular shoulder of the container.
Attention is brought to Kitamoto which teaches a capping unit (1; Figure 1) including a transport member (6) and a crimping station (interval “B” ), wherein the crimping station comprises a crimping element (tightening roller 14; Figure 2) for crimping a cap (metal cap 12) on a container (2), wherein the crimping element (14) of said crimping station contacts the crimp cap (12), wherein the transport member (6) is rotated about a longitudinal axis of the container (2) to allow the crimping device (14) to crimp the crimp cap (12) circumferentially around an annular shoulder (2c) of the container (2; Para. 0042-0043).
Rotating a container and/or the crimping device during crimping is known in the art. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized a crimping station in Eberhardt wherein the transport element is rotated to allow the crimping/flanging device to crimp the crimp cap (37) circumferentially around an annular shoulder of the container as taught by Kitamoto. By modifying Eberhardt in this manner, the cap will be sufficiently locked in place due to the crimping such that any resilience of the stopper inserted within the container will not push up the cap as taught by Kitamoto (Para. 0045).
Regarding Claim 2, Eberhardt, as modified, discloses a control unit (“central computer or processor”; Para. 0022 and/or “control unit”; Para. 0048) configured to selectively control the energization of said electric means (coils of 12, 13) to move the first transport member (20) on the driving surface (12, 13), or to hold the first transport member (20) stationary on said driving surface (12, 13) during crimping of the crimp cap (37) on the annular shoulder (as outlined in Kitamoto) of the container (36; Paras. 0022, 0048 outline control of power supply to the coils of the tiles 16 which form the driving surface and sensor system 22 associated therewith and therefore is clearly capable of being controlled as claimed).
Regarding Claim 4, Eberhardt, as modified, discloses crimping element (14 of Kitamoto) comprises at least one blade, or one or more disks (roller 14/pusher 14a is tapered as shown in Figure 2 of Kitamoto and can be readily interpreted as a disk or blade).
Regarding Claim 5, Eberhardt, as modified, discloses said crimping element (roller 14) of said crimping device is mounted rotatable on an arm (arm of actuator 32 of Kitamoto; note 14 is disclosed as a roller and therefore rotatable about the arm in some manner).
Regarding Claim 6, Eberhardt, as modified, discloses said arm (of 32 of Kitamoto) is configured so as to adjust a distance between the crimping element (14 of Kitamoto) and the driving surface (12, 13 of Eberhardt; see Para. 0033, 0042 of Kitamoto).
Regarding Claim 8, Eberhardt, as modified, discloses the first transport member (20) is configured to move selectively in a vertical direction perpendicular to the driving surface (12, 13) during crimping of the crimp cap onto the annular shoulder of the container (as taught by Kitamoto; note movers 20 of Eberhardt comprising containers are selectively moved vertically along a vertical portion of the surfaces 12, 13 and thereby perpendicular to the horizontal portion of the surface shown in Figure 1).
Regarding Claim 9, Eberhardt, as modified, discloses a pushing member (See 10 of Kitamoto which would be included within the modified crimping device/station of Eberhardt) configured to press said crimp cap (12 of Kitamoto) against said container supported on said first transport member (20 of Eberhardt) and to maintain said container in a stable position during crimping (Para. 0030 of Kitamoto).
Regarding Claim 10, Eberhardt, as modified, discloses first transport member (20) comprises a containment member (38) defining a seat configured to receive said container (36) in a fitted engagement (Para. 0027).
Regarding Claim 11, Eberhardt discloses a method (Figures 3-4) for automatically closing a container (36) with a closing unit (37), the method comprising:
positioning a container (36) on a first transport member (mover 20) of an apparatus (8; Figures 3, 4; via receiving means 38; Para. 0027), the apparatus comprising a base plate (platform 10 including plate/surfaces 12, 13; Figure 1) having a driving surface (plate/surfaces 12, 13; Para. 0021) and a crimping device/flanging device (flanging station 53; Figure 4) configured to crimp a crimp cap of the closing unit onto the container (36; Para. 0052 outlines a flanging station for locking an aluminum cap 37 on the container which at least readily implies some form of crimping of the cap to the container; see below);
moving the first transport member (20) along driving surface (12, 13) by magnetic coupling between a rotor magnetic field generated by magnetic means (permanent magnets 19; Figure 2) of the first transport member (20) and stator magnetic fields generated by electric means (coils of 12, 13) of the base plate (10; Para. 0021),
wherein selective energization of the electric means (coils of 12, 13) drives a movement of the first transport member (20) relative to the driving surface (12, 13; Para. 0021, 0022, 0024),
moving at the first transport member (20) toward the crimping/flanging device (53; to position 150; Para. 0052) to bring the crimp cap (37) of said closing unit coupled to the container (36) supported on the first transport member (20), into contact with a crimping element (flanging rollers) of the crimping device (53; note Para. 0052 outlines engaging the cap with flanging rollers).
However, although Eberhardt does not explicitly recite a crimping device, the flanging station (53; Figure 4) can be readily implied as forming a crimping device in order to form the locking connection with the aluminum cap (37) as outlined (see Para. 0052). Further, although Eberhardt discloses flanging rollers, which can be reasonably implied as being rotated (or the container rotated) to allow the crimping/flanging device (53) to crimp the crimp cap (37) circumferentially around an annular shoulder of the container (36), Eberhardt does not disclose rotating at least one of the first transport member about a longitudinal axis of the container and the crimping device around the container, to crimp the crimp cap circumferentially around an annular shoulder of the container.
Attention is brought to Kitamoto which teaches a capping unit (1; Figure 1) including a transport member (6) and a crimping station (interval “B” ), wherein the crimping station comprises a crimping element (tightening roller 14; Figure 2) for crimping a cap (metal cap 12) on a container (2), wherein the crimping element (14) of said crimping device contacts the crimp cap (12), wherein the transport member (6) is rotated about a longitudinal axis of the container to allow the crimping element (14) to crimp the crimp cap (12) all around an annular shoulder (2c) of the container (2; Para. 0042-0043).
Rotating a container and/or the crimping device during crimping is known in the art. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized a crimping station in Eberhardt wherein the transport element is rotated to allow the crimping/flanging device to crimp the crimp cap (37) all around an annular shoulder of the container as taught by Kitamoto. By modifying Eberhardt in this manner, the cap will be sufficiently locked in place due to the crimping such that any resilience of the stopper inserted within the container will not push up the cap as taught by Kitamoto (Para. 0045).
. Regarding Claim 12, Eberhardt, as modified, discloses during the rotating, the first transport member (20) is moved on the driving surface (12, 13; Para. 0021, 0023), or held stationary on said driving surface (12, 13; in order to perform such process, the member 20 must be stopped based on controls outlined in Paras. 0022, 0048).
Regarding Claim 14, Eberhardt, as modified, discloses during the rotating, at least one of the first transport member (20) and said crimping device (53) is selectively moved in a vertical direction perpendicular to the driving surface (12, 13) during crimping of the crimp cap on the annular shoulder of the container to position the clamping element along a vertical portion of the crimp cap (as taught by Kitamoto; note movers 20 comprising containers are selectively moved vertically along a vertical portion of the surfaces 12, 13 and thereby perpendicular to the horizontal portion of the surface shown in Figure 1).
Regarding Claim 15, Eberhardt, as modified, discloses during the step of rotating, a pushing member (See 10 of Kitamoto which would be included within the modified crimping device/station of Eberhardt) that presses said crimp cap (12 of Kitamoto) against said container on said first transport member (20 of Eberhardt) to maintain said container in a stable position during crimping step (Para. 0030 of Kitamoto).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Eberhardt (US PGPUB 2017/0225814-cited in IDS), in view of Kitamoto (US PGPUB 2005/0257623), as applied to Claim 1, and in further view of Scheri (US PGPGUB 2022/0035345).
Regarding Claim 3 , Eberhardt, as modified, discloses several features of the claimed invention but does not readily disclose said crimping device (flanging station 53 as modified by Kitamoto) is mounted on a second transport member that is movable around the first transport member on the driving surface and comprises further magnetic means configured to interact with said electric means.
Attention is brought to the teachings of Scheri which includes another container processing system (10A; Figure 1) which includes transport members (18) for carrying containers (12) to processing stations (22), including closing stations (Para. 0088), wherein the transport members (18) comprise magnets that interact with electromagnets of base elements (16) to move the containers (12; Para. 0078) and wherein the processing stations (22) can comprise their own movement/transport members moveable with respect to the base elements (16; Para. 0082) such that the transport members of the closing stations (22) are moveable around transport members (18) that carry the containers (12; Para. 0082; note that although not disclosed as moveable around the other transport elements, the transport elements of the closing stations are clearly capable of such movement).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have incorporated further transport members for the crimping device (closing station) of Eberhardt as taught by Scheri. By modifying Eberhardt in this manner, accurate alignment of the crimping device with the container can be readily obtained in an efficient manner given the flexibility of both the container and the crimping device being able to move.
Examiner’s Note / Allowable Subject Matter
Examiner notes that although not relied upon, Scheri (US PGPGUB 2022/0035345), in view of a crimping device such as that of Kitamoto (US PGPUB 2005/0257623) would also readily render the claimed invention of at least Claims 1 and 11 rejectable under 35 U.S.C. 103.
Claims 7 and 13 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.
Regarding Claim 7, none of the prior art references cited, alone or in combination disclose or render obvious the arm of the crimping device being joined two levers which are mounted on two respective second transport member. These features in combination with the other features of Claim 7 which includes the limitations of Claims 1 and 5, render the claim as allowable subject matter.
Regarding Claim 13, Eberhardt, as modified by Kitamoto, discloses several features of the claimed invention but does not readily disclose said crimping device (flanging station 53 as modified by Kitamoto) is mounted on a second transport member that is movable around the first transport member on the driving surface and comprises further magnetic means configured to interact with said electric means and wherein the step of rotating of the crimping device around the container involves moving the second transport member around the first transport member to crimp the cap as claimed.
While, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have incorporated further transport members for the crimping device (closing station) of Eberhardt as taught by Scheri, Scheri does not disclose rotating the second transport member around the first transport member to crimp a cap further it would not have been obvious to one of ordinary skill in the art to perform such movement to crimp the cap as no motivation is present to perform such crimping in the manner as claimed.
Response to Arguments
Applicant's arguments filed 9/4/2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that:
PNG
media_image1.png
243
640
media_image1.png
Greyscale
Examiner respectfully asserts that the closing station (53) of Eberhardt as outlined in Para. [0052] includes a flanging station with flanging rollers and therefore it can be reasonably implied that the closing station is in the form of a crimping device and either the crimping device or the first transport member would need to rotate to perform such flanging. However, further attention is brought to the teachings of Kitamoto as outlined above which clearly discloses such rotation as claimed.
In response to Applicant’s arguments that:
PNG
media_image2.png
212
638
media_image2.png
Greyscale
Examiner respectfully asserts that in response to Applicant's piecemeal analysis of the references, it has been held that one cannot show non-obviousness by attacking references individually where, as here, the rejections are based on combinations of references. In re Keller, 208 USPG 871 (CCPA 1981). See MPEP 2145 (IV). Although Kitamoto does not teach planar-drive transport members, this is not what Kitamoto is relied upon as Eberhardt discloses such transport members. Kitamoto is relied upon for teaching a first transport member rotatable to allow for crimping with a crimping device which transport member rotation can be readily incorporated into the transport members of Eberhardt for the reasonings outlined above.
In response to Applicant’s arguments that:
PNG
media_image3.png
188
637
media_image3.png
Greyscale
Examiner recognizes that references cannot be arbitrarily combined and that there must be some reason why one skilled in the art would be motivated to make the proposed combination of primary and secondary references. In re Nomiya, 184 USPQ 601 (CCPA 1915). However, there is no requirement that a motivation to make the modification be expressly articulated. The test for combining references is what the combination of disclosures take as a whole would suggest to one of ordinary skill in the art. In re McLaughlin, 110 USPQ 209 (CCVA 1971). References are evaluated by what they suggest to one versed in the art, rather than by their specific disclosures. In re Bozek, 163 USPQ 545 (CCPA. 1969). In this instance, Eberhardt discloses a closing station including a flanging station with flanging rollers and in order to perform the flanging, a relative rotation between the first transport member and the flanging rollers must be present. Such relative rotation is taught by Kitamoto which elaborates that such crimping allows the cap to be sufficiently locked in place due to the crimping such that any resilience of the stopper inserted within the container will not push up the cap as taught by Kitamoto (Para. 0045).
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 JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA G KOTIS/Examiner, Art Unit 3731 10/2/2026
