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
The amendment filed on June 24, 2026 has been entered and considered and an action on the merits follows.
Drawings
The proposed drawing correction filed on June 24, 2026 has been acknowledged and approved. The drawing correction sufficiently overcomes the drawing objections noted in the previous Office action.
Information Disclosure Statement
The information disclosure statement (IDS) filed on June 24, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1, 15, and 20, the claims require pre-curling and separating the can end from the coil stock can implied that pre-curling step is done before the separating step, which constitutes new matter because paragraphs 63-64 and 81 of the specification disclose that the can end is severed from the coil stock and then pre-curled. Figure 17 also shows a pre-curled can end (1704) after separating from the coil stock.
Regarding claim 1, the limitation, “pre-curling and separating the can end from the coil stock” can be implied that the pre-curling step enable the separation of the can end from the coil stock”, which is new matter because paragraphs 63-64 and 81 of the specification disclose that the can end is severed from the coil stock and then pre-curled.
Regarding claim 15, the amended limitation, “configured to pre-curl and separate the can end from the coil stock” is rejected as new matter for similar reason as set forth in the rejection of claim 1 above.
Regarding claim 20, the amended limitation, “pre-curling and separating the can end from the coil stock in a final station of the single press by detaching the can end from the three carriers” is rejected as new matter for similar reason as set forth in the rejection of claim 1 above. Additionally, this limitation also implies that the detaching of the can end from the three carries achieving the pre-curling of the can end, which is also considered as new matter.
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)(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.
Claims 1-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buhrke (US 4,106,422).
Regarding claim 1, Buhrke discloses a method of manufacturing a can end, the method comprising:
feeding a coil stock (10) to a press (see "a single press" in the abstract) (col. 3, line63 to col. 4, line 26);
forming at least one pierce (see "piercing" in col. 4, lines 8-9) in the coil stock (10);
lancing the coil stock to form at least two lances (30', 30, 36, 38, 42-44, 46-50) in the coil stock (see col. 4, line 53 to col. 5, line 9) wherein the at least two lances define the can end (see figs. 1-2) and at least one carrier (see the annotated drawing #1 below) attached to the can end and the coil stock (figs. 1-2);
transporting the can end between stations (see "passage through the entire sequence of progressive die positions or stations" in col. 5, lines 31-34) within the press by feeding the coil stock to each station (see positions 1-14 in figs. 1-3, each position represents a station), wherein the at least one carrier (40-40') attaches the can end to the coil stock and the coil stock (figs. 2-3) transports the can end through the press (figs. 1-3); and
separating the can end from the coil stock (see fig. 3, which shows a can end is separated from the coil stock at positions 13 and 14), and pre-curling the can end (70; fig. 11).
Regarding claim 2, the method of claim 1, wherein the press comprises a single press (see "a single press" in the abstract) comprising a plurality of stations (see "stations" in col. 5, line 33).
Regarding claim 3, the method of claim 1, wherein the at least one carrier comprises three carriers (see the annotated drawing #1 below) attached to the coil stock and the can end.
Drawing #1:
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399
642
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Regarding claim 4, the method of claim 1, wherein at least one pierce comprises three pierces (18', 20', 22' in fig. 1 and "pierced/piercing" in col. 4, lines 7-46).
Regarding claim 5, the method of claim 1, wherein lancing the coil stock to form at least two lances in the coil stock comprises lancing a first lance (30' in fig. 1) in the coil stock at a first lancing station (see position 2 in fig. 1 and col. 4, lines 53-55).
Regarding claim 6, the method of claim 5, wherein the first lance (30') in the coil stock extends from a first pierce (18') in a clockwise direction (in a direction from 18' toward 17', as shown in fig. 1, and thus the lance 30' is extended in a clockwise direction).
Regarding claim 7, the method of claim 6, wherein lancing the coil stock to form at least two lances in the coil stock further comprises lancing a second lance (36) in the coil stock at a second lancing station (see position 3 in fig. 1).
Regarding claim 8, the method of claim 7, wherein the second lance (36) in the coil stock extends from a second pierce (20') in a counter-clockwise direction (in a direction from 20' toward 18', as shown in fig. 1, and thus the lance 36 is extended in a counter clockwise direction).
Regarding claim 9, the method of claim 8, wherein the first lance (30') at least partially defines an outer circumference of the at least one carrier (see the drawing #2 below) and the second lance (36) at least partially defines an inner circumference of the at least one carrier.
Drawing #2:
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305
630
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Regarding claim 10, the method of claim 8, wherein a distance between an end (the left 18' in fig. 1) of the second lance (36) and the first pierce (the right 18') defines a carrier attachment point configured to attach the at least one carrier to the can end as the can end is transported through the press by the coil stock (see fig. 1, and then see fig. 2).
Regarding claim 11, the method of claim 10, wherein separating the can end from the coil stock comprises separating the can end from the coil stock at the carrier attachment point (see drawing #3 below).
Drawing #3:
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443
492
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Regarding claim 12, the method of claim 1, further comprising pressing the can end (see positions 5-6 in figs. 1-2 and 5-10 and col. 5, lines 47-62).
Regarding claim 13, the method of claim 1, further comprising scoring the can end (col. 6, lines 6-42). Regarding claim 14, the method of claim 1, further comprising forming at least one form on the can end (see figs. 5-10, which show various countersunk are formed on the can end).
Regarding claim 15, Buhrke discloses a single press for manufacturing a can end (see "a single press" in the abstract), comprising:
a feed path (see arrow 14 in fig. 1) configured to receive and advance coil stock (10) through the single press;
a first station (see position 1 in fig. 1) of the single press configured to form at least one pierce (20 or 22) in the coil stock;
a second station (see position 2 in fig. 1) of the single press configured to lance the coil stock to form at least two lances (30, 30') in the coil stock, wherein the at least two lances define the can end (see the can end is formed between the two flanges 30 in position 5 in fig. 1) and at least one carrier (see drawing #2 above) attached to the can end and the coil stock; and
a final station (position 13 in fig. 3) of the single press configured to separate the can end from the coil stock (see position 13 in fig. 3, which shows the can end is no longer attached to the coil stock) and pre-curl the can end (see position 16 in fig. 11). [It is noted that the claim does not specific define the structural arrangement of “a final station”, the Examiner interprets positions 13-18 of Buhrke as a final “station”];
the single press configured to transport the can end between stations (see "passage through the entire sequence of progressive die positions or stations" in col. 5, lines 31-34) by feeding the coil stock (10) to each station with the feed path (14) while the at least one carrier attaches the can end to the coil stock until separation at the final station (see figs. 1-3).
Regarding claim 16, the single press of claim 15, further comprising a third station (see position 5 in fig. 1) of the single press configured to press the can end.
Regarding claim 17, the single press of claim 15, further comprising a fourth station (see position 8 in fig. 2) of the single press configured to score the can end (col. 6, lines 6-42).
Regarding claim 18, the single press of claim 15, further comprising a fifth station (positions 9-10) of the single press configured to form at least one form on the can end (see figs. 9-10, which show various countersunk are formed on the can end).
Regarding claim 19, the single press of claim 15, wherein the second station of the single press comprises a first lancing station (for lance 30 as shown in fig. 1) and a second lancing station (for lance 42 or 44 as shown in fig. 1).
Regarding claim 20, Buhrke discloses a method of manufacturing a can end, the method comprising:
feeding a coil stock (10) to a single press (see "a single press" in the abstract);
forming three pierces (18', 20', 22' in fig. 1 and "pierced/piercing" in col. 4, lines 7-46) in the coil stock (10) in a first station (see the upper right section of figure 1) of the single press;
lancing the coil stock to form six lances in the coil stock in a second station of the single press, wherein the six lances (30', 36, 38, 42, 44, and 48) define the can end and three carriers (see the drawing # 1 above) attached to the can end and the coil stock;
transporting the can end between stations (see "passage through the entire sequence of progressive die positions or stations" in col. 5, lines 31-34) within the single press by feeding the coil stock to each station (figs. 1-3),
wherein the three carriers attach the can end to the coil stock and the coil stock transports the can end through the single press (figs. 1-3); and
separating the can end from the coil stock in a final station (position 13 in fig. 3) of the single press by detaching the can end from the three carriers (see position 13 in fig. 3, which shows the can end is no longer attached to the coil stock 10) and pre-curling the can end (see a pre-curl portion 70 in position 16 in fig. 11). [It is noted that the claim does not specific define the structural arrangement of “a final station”, the Examiner interprets positions 13-18 of Buhrke as a final “station”].
Response to Arguments
In Applicant's arguments filed on June 24, 2026, Applicant argued that Buhrke discloses performing "all of the necessary lancing, panel forming, countersinking and embossing steps, except edge curling," while the blanks remain integral with the web, "and then to do the edge curling" by separate tools. Therefore, Buhrke does not disclose the claimed subject matter in amended claims 1, 15, and 20. With respect to Applicant’s assertion, this argument has been fully considered but it is not persuasive.
It is noted that the above argument appears to argue that Applicant’s invention does lancing, panel forming, countersinking, embossing steps, and edge curling while the blanks remain integral with the web. This is not true because paragraphs 63-64 and 81 of the specification disclose that the can end/blank is severed from the coil stock/web and then pre-curled. Figure 17 also shows a pre-curled can end (1704) after separating from the coil stock.
With regard to claim 1, the claim merely requires pre-curling and separating the can end without requiring any specific structure for performing the pre-curling and separating steps. Therefore, Buhrke discloses the pre-curling step occurs at position 16 (fig. 11) and the separating of the can end occurs at position 13 (fig. 3).
With regard to claims 15 and 20, the claims merely require a final station for pre-curling and separating the can end without define any specific structure of the final station. Therefore, the Examiner interprets the combination of positions 13-18 of Buhrke as a final “station”, which includes pre-curling step at the position 16 (fig. 11) and the separating of the can end occurs at the position 13 (fig. 3).
Accordingly, Buhrke discloses the subject matter as claimed in the amended claims 1, 15, and 20 based on the claim interpretation as set forth above.
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 JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER L TEMPLETON can be reached at 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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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/Primary Examiner, Art Unit 3725
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