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 § 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 2-5 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.
With regards to claim 2, the claim states “the rotation causing the inner ring to press against the can side wall and projection against the can side wall and a projection” renders the claim indefinite since there appears to be missing language and it is unclear what is encompassed within the limitation. Clarification and/or correction is required.
The claim states “a projection” and “a recess”, it is unclear if these elements are of the plurality of projections and plurality of recesses preciously recited in claim 1 or if they are intending to be in addition to the plurality of projections and recesses. Clarification and/or correction is required. For examination purposes the limitations are being interpreted as being one of the plurality of projections and one of the plurality of recesses.
With regards to claims 3 and 4, the claims state “wherein upon completion of formation of the internal thread” or “wherein upon completion of forming the remaining internal threads”, this renders the claim indefinite since the wherein clause appears to be further defining a non-positively recited recitation. Specifically, the claim appears to be further defining the result of an intended function of the apparatus set froth in claim 2, however the intended function of claim 2 is set forth as conditional and dependent upon a can body being positioned between the inner ring and the outer ring. Therefore the claimed limitations are not required if the condition is not met and thus can be interpreted as being optional. It is further noted that the limitations appear to recite method operations within an apparatus claim, therefore it is unclear what is encompassed and required within the claims. It is suggested to recite the intending function of the apparatus with respect to the claimed structure rather than the intended workpiece the apparatus deforms.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance.
It is the opinion of the examiner that the art of record (considered as a whole) neither anticipates nor renders obvious “an outer ring including a plurality of projections disposed around an inner periphery of the outer ring, the outer ring being structured to remain stationary” and “wherein the actuator is structured to hole the outer ring stationary and move radially and rotate the inner ring against the can sidewall” in combination with the rest of the claimed limitations set forth in claim 1; and
neither anticipates nor renders obvious “an outer ring including a plurality of recesses disposed around an inner periphery of the outer ring, the outer ring being structure to be moved radially toward the can body such that one end of each recess contacts the outer circumference of the can body” and “an actuator coupled to the outer ring and the inner ring and structured to move radially the outer ring and the inner ring to form the plurality of threads in the pattern” in combination with the rest of the claimed limitations set forth in claim 6.
Enoki et al (US 2019/0248532) discloses a thread forming apparatus comprising of an outer tool (34) with an arcuate forming section (34a) having a projection (34b) formed on an inner periphery that cooperates with an inner tool (20) having projections and recesses on an outer periphery to form an emboss bead and annular groove on a can body. Enoki et al fails to disclose the outer tool is a ring.
Hosoi (US 2015/0013416) disclose a thread forming apparatus comprising of an outer tool having projections formed on an outer periphery of the outer tool and an inner tool having a plurality of recesses formed on an outer periphery of the inner tool, wherein the outer tool rotates while the inner tool orbits to form a thread in a can body [see paragraphs 0079-0081; figure 9].
Cook (US 2014/0130560) discloses an apparatus for forming a plurality of threads on a sidewall of a can body, comprising a die (118) having die portions (122) wherein each die portion has dies cavities (124) corresponding to the formed thread lugs in a can body, and an inner tool comprising of a bladder (170) that is filled with a pressurized fluid to press the can body against the inner die surface to form the thread lugs [see paragraphs 0028-0030 & 0032; figures 3 & 7].
The prior art neither alone nor in combination, anticipates nor renders obvious the claimed invention and no motivation is found to modify the prior art to obtain the claimed inventions. Claims 1 and 6-9 are allowed.
Claims 2-5 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.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725
