DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 09, 2025, has been entered.
Response to Amendment
Applicant amendment to the claimed filed December 09, 2025, has been entered. Claims 2, 7, 9, 10, 16 and 18 are currently amended. Claims 21 – 26 are new. Claims 1, 3, 5 and 14 are cancelled. Claims 2, 4, 6 – 13, and 15 – 26 are pending and under examination. The amendment necessitated the new ground of rejections.
New Grounds of Rejection
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 2, 4, 6 – 13, 15 – 20, 22, 24 and 26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Green et al. (US 2007/0029690 A1; of record), in view of Carlier et al. (US Pat. No. 6,271,272 B1), and further in view of Donzis (US Pat. No. 4,486,901; of record), and G.E. MORGAN, JR. (US Pat. No. 2,863,151; “Morgan” ; of record).
Regarding claim 2. Green et al. teaches an energy absorbing blends and methods of manufacturing a component for an article of sport gear (e.g., [0055] discloses the energy absorbing material may be employed for applications such as headwear and helmets, among others), the method comprising:
a) molding a core of polymeric cellular material (e.g., soles of footwear [0062], a solid foamed sheet [0083]), to impart a final three-dimensional shape of the core of polymeric cellular material that comprises a first side and a second side opposite one another, a peripheral surface extending from the first side to the second side (e.g., see FIG. 2, [0062] discloses an example where an article of sport gear – e.g., soles of footwear, comprised by a core of polymeric material e.g. innersoles, midsoles or outer soles – wherein a polymeric material is molded between the innersole (1) and the outersole (2), where the interfaces between both the innersole and midsole (3) and the outersole and midsole are “favourably contoured or textured to induce large amounts of shear deformation in the foamed composite material.”; “This type of construction may be formed by incorporating the foamed composite material into the cavity between the inner and outer sole such that the resulting midsole solidifies and bonds to both the inner and outer sole. A similar structure is achieved as a one-part moulding whereby the material foams within a mould, the inner and outer soles being formed by the "skin" produced at the mould surfaces.” Consequently, under the broadest reasonable interpretation (BRI), reading on imparting “a final three-dimensional shape of the core of polymeric cellular material that comprises a first side and a second side opposite one another”),
and a body of expanded polymeric microspheres (see [0041 – 0042], and “Expancel microballoons” [0086]) by applying heat to expand polymeric microspheres each comprising a polymeric shell and a fluid encapsulated in the polymeric shell (see Green et al. at [0083] “The blends, as well as pure Hytrel with the same content of Expancel were then sheet extruded… by using a heated screw feeder fed by a hopper containing the material in pellet form. As the pellets of material are screw fed down the barrel of the machine the heaters raise the temperature of the pellets to around 200 °C which takes the material into the molten state.”); and
b) molding a fabric covering (e.g., an inner sole, and an outer sole [0062]) onto the core of polymeric cellular material such that the fabric covering conforms to at least part of the final three-dimensional shape of the core of polymeric cellular material (e.g., [0062] “incorporating the foamed composite material into the cavity between the inner and outer sole such that the resulting midsole solidifies and bonds to both the inner and outer sole”) and covers at least part of the first side, at least part of the second side and at least part of the peripheral surface of the core of polymeric cellular material (e.g., [0062] “incorporating the foamed composite material into the cavity between the inner and outer sole such that the resulting midsole solidifies and bonds to both the inner and outer sole”; and Green et al. at [0044 – 0047] discloses that the composite material [the core of polymeric cellular material], if desired, may be incorporated within an envelope [hence, covering at least parts or the whole of the first/second sides, and/or the peripheral surface] which may be rigid or flexible, it may also be associated with a textile layer [analogous to the claimed “fabric covering”] or similar “where the textile has the facility to enhance the abrasion performance and in some cases the resistance to intrusion from sharp objects and/or assist in the attachment of the composite material to other systems or products. A stretchable textile backing will also serve to limit the elongation of the material and thereby provide durability [analogous to the claimed “the fabric covering covers at least part of the first side and at least part of the second side of the core of polymeric cellular material”]).
Green et al. does not explicitly disclose: a step a) of pre-expanding an amount of unexpanded polymeric microspheres each comprising a polymeric shell and a fluid encapsulated in the polymeric shell by heating the amount of unexpanded polymeric microspheres to a first temperature to produce pre-expanded polymeric microspheres,
wherein at step b) a peripheral surface extending from the first side to the second side and a body of expanded polymeric microspheres by placing a quantity of the pre-expanded polymeric microspheres into a mold and applying heat to a second temperature higher than the first temperature to further expand the pre-expanded polymeric microspheres each comprising a polymeric shell and a fluid encapsulated in the polymeric shell in the mold, and
wherein the step c) of molding a fabric covering onto the core of polymeric cellular material is performed after the final three-dimensional shape of the core of polymeric cellular material has been imparted.
Carlier et al., in the same field of endeavor of expandable polymeric compositions, expandable beads and moulded parts (Col. 1, lines 5 – 10, Abstract), teaches a pre-expansion or prefoaming process making possible to increase the rate of expansion of beads of a composition of an expandable styrene polymer (Col. 8, lines 49 – 55), the pre-expansion or prefoaming process may be carried out as a batch or as a continuous process (Col. 9, lines 22 – 34), and discloses that the production of expanded polystyrene from beads of expandable polystyrene usually includes three steps: a pre-expansion or prefoaming in which the volume of the beads may be increased by a factor of 50 or 60, then a stabilization/maturing step of the beads, and then welded together in moulds by a new heating operation: this is the moulding operation (Col. 1, lines 33 – 46), to obtain a pre-expanded beads comprising a desired bulk density before the next molding step (Col. 11, lines 38 – 39),
the pre-expansion may be carried out by a first heating to a first temperature corresponding to the softening temperature of the expandable polymer, between 80 and 100 °C (Col. 9, lines 35 – 52, see Col. 12, lines 43 – 60), and then a second heating to a second higher temperature around 125 °C (Col. 12, lines 27 – 39); Then subjected to a stabilizing operation and then to a moulding operation (Col. 12, lines 61 – 67).
Carlier et al. discloses that the pre-expanded beads materials obtained may be expanded moulded parts of any geometrical shape and of any volume (Col. 11, lines 40 – 43).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the method of Green et al. with step a) of pre-expanding an amount of unexpanded polymeric microspheres each comprising a polymeric shell and a fluid encapsulated in the polymeric shell (e.g., Green’s “Expancel microballoons” [0086], or Carlier’s expandable polymeric compositions) by heating the amount of unexpanded polymeric microspheres to a first temperature to produce pre-expanded polymeric microspheres, as taught and suggested by Carlier et al., for the purpose of, as suggested by Carlier et al., making possible to increase the rate of expansion of the polymeric beads, and the modification would have yielded nothing more than predictable results and resulted in an improved method, e.g., in which the volume of the beads may be increased by a factor of 50 or 60 (Carlier et al. Col. 8, lines 49 – 55, Col. 9, lines 22 – 34). See MPEP 2143 (I) (D).
As to the limitation of step b), Green/Carlier discloses the claimed invention, except for explicitly disclosing, “a peripheral surface extending from the first side to the second side and a body of expanded polymeric microspheres by placing a quantity of the pre-expanded polymeric microspheres into a mold and applying heat to a second temperature higher than the first temperature to further expand the pre-expanded polymeric microspheres each comprising a polymeric shell and a fluid encapsulated in the polymeric shell in the mold”.
Green et al, however, discloses that molding a core of polymeric cellular material could be achieved by a method of “one-part moulding.” That is, the core is being molded and imparted with a final three-dimensional shape by itself, e.g. see Green et al. at [0062] “A similar structure is achieved as a one-part moulding whereby the material foams within a mould, the inner and outer soles being formed by the "skin" produced at the mould surfaces.” Said “skin” produced at the mold surfaces is analogous to the claimed “a peripheral surface extending from the first side to the second side” in view of Applicant’s Specification ¶[0035] of the published patent application, “The periphery 81 of the core of polymeric cellular material 60 defines the three-dimensional external configuration (analogous to “a skin”) of the inner pad 15.”. Consequently, at least rendering the claimed “peripheral surface” as an obvious modification, as suggested by Green “by a method of “one-part molding”, with predictable expectations of success to one of ordinary skill in the art.
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the step b) in the method of Green/Carlier with a peripheral surface extending from the first side to the second side and a body of expanded polymeric microspheres, as suggested by Green et al., by placing a quantity of the pre-expanded polymeric microspheres into a mold and applying heat to a second temperature higher than the first temperature to further expand the pre-expanded polymeric microspheres in the mold, as suggested by the prior art of Carlier et al. (e.g., Carlier et al. discloses that the pre-expansion can be divided in two separate steps, wherein the first pre-expansion occurs at a lower temperature than the second one, see the discussion of Carlier et al. above and Col. 9, lines 35 – 52, see Col. 12, lines 43 – 60, Col. 12, lines 27 – 39, Col. 12, lines 61 – 67), since "The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007). See MPEP § 2141 (I).
As to the limitation in step c), Green/Carlier teaches the claimed invention, except for explicitly disclosing, that during the step c) of molding a fabric covering onto the core of polymeric cellular material is performed after the final three-dimensional shape of the core of polymeric cellular material has been imparted.
Green et al., however, discloses that “if desired”, a fabric covering may be molded onto the core of polymeric cellular material (which may be rigid or flexible textile layer or similar), “where the textile has the facility to enhance the abrasion performance and in some cases the resistance to intrusion from sharp objects and/or assist in the attachment of the composite material to other systems or products.” (Green et al. at [0044 – 0047]).
However, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the method steps for molding a fabric covering in the method of Green/Carlier, since “In general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably distinguish the processes (e.g., Ex parte Rubin, 128 USPQ 440 (Bd. Pat. App. 1959); In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930)). See MPEP 2144.04 (IV)(C).
Furthermore, Donzis, in the same field of endeavor of manufacturing methods of components for articles of sport gear (Abstract), teaches a core of polymeric cellular material (foam portion 16), comprising a first face 32, a second face 34, and a peripheral edge 36; wherein fabric pieces 12, 14 (fabric coverings) are molded to the core 16 after the core final three-dimensional shape has been imparted by “any suitable method of bonding pieces of relatively air-tight fabric to foam” (Col. 4, lines 24 – 31 “first and second faces 32 and 34 of the foam portion 16 are bonded to the coated fabric faces 38 and 40, respectively, to form a laminate which permits adjacent fabric/foam faces to move as a unit. When a nylon fabric having a polyurethane coating is used, the fabric pieces may be bonded to the foam portion by adheringly applying the fabric pieces to the foam portion, such as by heat sealing”, and Col. 4, lines 46 – 51 “peripheral edge 36 of the foam portion 16 may also be bonded to the faces 38 and 40 of the fabric pieces 12 and 14. While such bonding is not necessary, it further enhances control over the transfer of air between the cellular structure of the foam portion inside the enclosure and the atmosphere outside the enclosure.”; see Donzis Col. 4, lines 18 – 63, and FIG. 5).
Additionally, in the same field of endeavor of methods of manufacturing component for an article of sport gear (e.g., protective pad), Morgan teaches a shock-absorbing element 32 (analogous to core of polymeric material), and a pair of incasing elements 33, 34 (analogous to fabric covering) (Morgan Col. 4, lines 50-55); Morgan discloses that attaching means, such as snap fastener 37 can be attached to the incasing elements (Morgan Col. 4, lines 74-75, cont. Col. 5, lines 1-11);
The core 32 is imparted its final three-dimensional shape (“suitably shaped and accurately dimensioned”) before it has the covering molded onto (see Morgan Col., lines 56-72); Morgan discloses that the contoured of the incasing elements (fabric coverings), are molded to the precise size and configuration of the core element 32 by e.g., molding a soft, pliable leather sheet between molds under heat and pressure (Morgan Col. 5, lines 19-70).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have transpose the molding steps in the method of manufacturing an article of sport gear of Green/Carlier, so that after the final three-dimensional shape of the core of polymeric cellular material has been imparted, as taught and suggested by any of Donzis and/or Morgan, molding a fabric covering (e.g., Green’s “envelope”, “textile fabric” [0044-0047]; Donzis 12, 14; Morgan 33, 34) onto the core of polymeric cellular material such that the fabric covering conforms to at least part of the final three-dimensional shape of the core of polymeric cellular material and covers at least part of the first side, at least part of the second side and at least part of the peripheral surface of the core of polymeric cellular material, as taught and suggested by any of Donzis and/or Morgan, with good expectation of success, and the modification will yield the predictable result of an article of sport gear comprising a final three-dimensional shaped core of polymeric cellular material with a fabric covering onto the core of polymeric cellular material, since “In general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably distinguish the processes” (e.g., Ex parte Rubin, 128 USPQ 440 (Bd. Pat. App. 1959); In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930)). See MPEP 2144.04 (IV)(C).
One of ordinary skill would have been motivated to modify Green/Carlier’s method in view of Donzis/Morgan, so that the molding of the core polymeric cellular material and the molding of the covering fabric are separate steps, for the purpose, as suggested by Morgan of being able to attached fastening means to the covering fabric beforehand (Morgan Col. 4, lines 74-75, cont. Col. 5, lines 1-11), and/or motivated to add a step of molding a covering fabric, for the purpose, as suggested by Green et al. of enhancing the abrasion performance and in some cases the resistance to intrusion from sharp objects and/or assist in the attachment of the composite material to other systems or products, and/or a stretchable textile backing that will serve to limit the elongation of the material and thereby provide durability, as taught by Green et al. [0046]. See MPEP 2143 (I) (G).
Regarding claim 4, Green/Carlier/Donzis/Morgan teaches the method of claim 2, wherein the core of polymeric cellular material is molded in a first mold (e.g., see Green et al. [0062] wherein the core of polymeric cellular material is formed independently “one-part moulding”; Donzis Col. 4, lines 24 – 31; Morgan Col., lines 56-72) and the fabric covering (e.g., Green’s “envelope”, “textile fabric” [0044-0047]; Donzis 12, 14; Morgan 33, 34) is molded onto the core of polymeric cellular material in a second mold different from the first mold (e.g., Morgan teaches using different molds 42 and 48 Col. 5, lines 56-75).
Regarding claim 6, Green/Carlier/Donzis/Morgan teaches the method of claim 2, wherein the fabric covering is molded onto the core of polymeric cellular material by applying heat to the fabric covering onto the core of polymeric cellular material (see (Donzis Col. 4, lines 24 – 31, Morgan Col. 5, lines 19-70).
Regarding claim 7, Green/Carlier/Donzis/Morgan teaches the method of claim 2, wherein molding the core of polymeric cellular material further comprises lowering the temperature from the second temperature to a third temperature after application of heat to the second temperature (e.g., see the discussion of Carlier et al. in claim 2 above and Carlier at Col. 9, lines 35 – 52, see Col. 12, lines 43 – 60, Col. 12, lines 27 – 39, Col. 12, lines 61 – 67, see Green et al. [0073 – 0074] “On cooling the mixes solidified” and [0040] “A secondary lower pressure/temperature cycle then allows the trapped nitrogen to expand the surrounding material to form a foam”).
Regarding claim 8, Green/Carlier/Donzis/Morgan teaches the method of claim 7, wherein molding the fabric covering on the core of polymeric cellular material comprises lowering a temperature (Green et al. [0040] discloses “A secondary lower pressure/temperature cycle then allows the trapped nitrogen to expand the surrounding material to form a foam. The exact pressure and temperature cycle of this second process will determine the final density of the foam produced.”
Regarding claim 9, for the sake of brevity of the Office action, those limitations which are shared by the methods of claim 2 and claim 9, are hereby omitted. See the discussion of claim 2 above. Green/Carlier/Donzis/Morgan teaches the method of manufacturing a component for an article of sport gear, as discussed in claim 2 above, the method comprising:
c) after the final three-dimensional shape of the core of polymeric cellular material has been imparted (see the discussion of claim 2 above), molding a covering (Green et al. [0044] “If desired, the composite of the invention may be incorporated within an envelope which may be rigid or flexible”) onto the core of polymeric cellular material such that the covering conforms to at least part of the final three-dimensional shape of the core of polymeric cellular material and covers at least part of the first side, at least part of the second side and at least part of the peripheral surface of the core of polymeric cellular material, wherein the covering is less rigid than the core of polymeric cellular material (see the discussion of Green et al. in view of Donzis and Morgan in claim 2 above).
Regarding claim 10, for the sake of brevity of the Office action, those limitations which are shared by the methods of claim 2 and claim 10, are hereby omitted. See the discussion of claim 2 above. Green/Carlier/Donzis/Morgan teaches the method of manufacturing a component for an article of sport gear, the method comprising:
c) after the final three-dimensional shape of the core of polymeric cellular material has been imparted (see the discussion of claim 2 above), molding a covering (Green et al. [0044] “If desired, the composite of the invention may be incorporated within an envelope which may be rigid or flexible”) onto the core of polymeric cellular material such that the covering covers at least part of the first side, at least part of the second side and at least part of the peripheral surface of the core of polymeric cellular material (see the discussion of claim 2 above), wherein the covering is made from at least one sheet (e.g., incasing elements 33, 34 Morgan Col. 4, lines 50-55) and conforms to at least part of the final three-dimensional shape of the core of polymeric cellular material (see the discussion of Green et al. in view of Donzis and Morgan in claim 2 above).
Regarding claim 11, Green/Carlier/Donzis/Morgan teaches the method of claim 10, wherein the at least one sheet is at least one sheet of fabric (e.g., Green et al. at [0044-0046], Donzis’ fabric pieces 12, 14 Col. 4, lines 24 – 31, Morgan Col. 4, lines 50-55).
Regarding claim 12, Green/Carlier/Donzis/Morgan teaches the method of claim 10, wherein the at least one sheet includes a plurality of sheets (e.g., Green et al. at [0044-0046], Donzis’ fabric pieces 12, 14 Col. 4, lines 24 – 31, Morgan Col. 4, lines 50-55).
Regarding claim 13, Green/Carlier/Donzis/Morgan teaches the method of claim 10, wherein the core of polymeric cellular material is molded in a first mold and the covering is molded onto the core of polymeric cellular material in a second mold different from the first mold. (See the discussion of claim 4 above).
Regarding claim 15, Green/Carlier/Donzis/Morgan teaches the method of claim 10, wherein the covering is molded onto the core of polymeric cellular material by applying heat to the covering onto the core of polymeric cellular material. (See the discussion of claim 6 above).
Regarding claim 16, Green/Carlier/Donzis/Morgan teaches the method of claim 10, wherein molding the core of polymeric cellular material comprises lowering a temperature. (See the discussion of claim 7 above).
Regarding claim 17. Green/Donzis/Morgan teaches the method of claim 10, wherein molding the covering on the core of polymeric cellular material comprises lowering a temperature. (See the discussion of claim 8 above).
Regarding claims 18, 19, and 20, Green/Carlier/Donzis/Morgan teaches the method of claim 2, claim 9, and claim 10, respectively, wherein molding the fabric covering onto the core of polymeric cellular material comprises molding the fabric covering so as to envelop the final three-dimensional shape of the core of polymeric cellular material and cover an entirety of the first side, an entirety of the second side and an entirety of the peripheral (see Green et al. at [0044-0046], see Donzis’ Fig. 5 and Col. 4, lines 24 – 31, Morgan’s Fig. 5 and Col. 4, lines 50-55).
Regarding claims 22, 24, and 26, Green/Carlier/Donzis/Morgan teaches the method of claims 2, 9, and 10, respectively, wherein the placing the quantity of the pre-expanded polymeric microspheres into the mold comprises placing a color pigment substance and the quantity of the pre-expanded polymeric microspheres into the mold (e.g., Green et al. [0044] “The composite material of the invention may include components other than the polymer intended to comprise the first material i), the polymer-based dilatant intended to comprise the second material ii) and the gas or vapour; e.g., fibrous and/or particulate fillers, plasticisers, lubricants, extenders, pigments and dyes.”).
Claims 21, 23, and 25 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Green et al. (US 2007/0029690 A1; of record), in view of Carlier et al. (US Pat. No. 6,271,272 B1), Donzis (US Pat. No. 4,486,901; of record), and G.E. MORGAN, JR. (US Pat. No. 2,863,151; “Morgan”; of record), as applied to claim 2 above, and further in view of Yazawa (US Pat. No. 3,971,838).
Regarding claims 21, 23, and 25, Green/Carlier/Donzis/Morgan teaches the method of claims 2, 9, and 10, respectively, except for explicitly disclosing, wherein the placing the quantity of the pre-expanded polymeric microspheres into the mold comprises placing the quantity of the pre-expanded polymeric microspheres and an amount of expanded microspheres into the mold.
However, methods wherein a quantity of pre-expanded polymeric microspheres and an amount of expanded microspheres are combined into a mold are well-known process in the art. For example, Yazawa, in the same field of endeavor of processes for producing shaped articles of polystyrene foam (Abstract), teaches a process and apparatus for continuously producing flat plate-type, rod-type, or shaped products from preliminarily expanded beads of polystyrene [analogous to the claimed “pre-expanded polymeric microspheres”] or a mixture of said beads with foamed polystyrene pieces recovered for reuse as raw materials [analogous to the claimed “expanded microspheres”], “which comprises enveloping preliminarily expanded beads as raw materials with a circulating steam-permeable belt or belts, preferably cloth belts, passing the enveloped beads through a pressure sealing device composed of a tubular passage capable of squeezing and successively through a heating zone in pressure steam chamber at a temperature between 100 °C and 125 °C, thereby softening and re-expanding the beads by steam heating, reducing an apparent volume of the enveloped re-expanded beads in a course towards another pressure sealing device at an outlet of the pressure steam chamber, thereby allowing the softened and re-expanded beads to adhere tightly one to another in a continuous foamed mass” (Col. 1, lines 5 – 67).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the step of placing the quantity of pre-expanded polymeric microspheres in the method of Green/Carlier/Donzis/Morgan, the placing the quantity of the pre-expanded polymeric microspheres into the mold comprises placing the quantity of the pre-expanded polymeric microspheres and an amount of expanded microspheres into the mold, as suggested by the prior art of Yazawa, for the purpose of e.g., raw material cost reduction and recycling, as suggested and taught by Yazawa, by utilizing foamed polystyrene pieces (expanded microspheres) recovered for reuse as raw materials. See MPEP 2143 (I) (G).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2, 4, 6-13, and 15-17 (Remarks filed 12/09/2025) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments are based on newly amended limitations which have been addressed by the new grounds of rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McClellan et al. (US Pat. No. 5,665,785): Process for forming microcellular structures having an integral skin and products thereof; Col. 14, ll. 40-49 “Example 1 was repeated except Expancel 820 DU was used in place of Expancel 551 DU. Due to the low expansion temperature of the 820 DU material, the mold temperature was lowered to 55 °C.”
CHARTRAND (CA 2191678 A1): a protective helmet having a rigid outer shell and an inner pad assembly comprising a front pad assembly, a rear pad assembly and an intermediate pad assembly. Each of the front, intermediate and rear pad assemblies is made from a generally rigid shock absorbing material and comprises a second generally soft inner liner secured to the generally rigid shock absorbing material (Abstract); Figure 2, each of the inner pad assembly 20a, 20b and 20c comprises a first moulded inner liner 40a, 40b and 40c that is made from a generally rigid light weight foam-like material and also comprises second generally soft liners 38a to 38e that are secured to the inside of the first liners 40a, 40b and 40c.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGAREDMANUEL TROCHE whose telephone number is (571)272-9766. The examiner can normally be reached M-F 7:30-5:30.
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/EDGAREDMANUEL TROCHE/Examiner, Art Unit 1744
/JEFFREY M WOLLSCHLAGER/Primary Examiner, Art Unit 1742