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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on March 17, 2026 has been entered.
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 1-13 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 extruding port side” which lacks antecedent basis. The Examiner suggests the following amendments: “the other end”.
Claims not listed above are rejected as being dependent upon a rejected claim.
For further examination purposes, the scope of the claims are read in light of the suggested Examiner amendments.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-9 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Yamazaki (US 2008/0102146) in view of Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893).
Yamazaki (US 2008/0102146) discloses an extrusion molding machine (fig. 1) for producing a
ceramic molded product ([0004], [(0023]-[0025], [0031]), comprising:
an extruding portion having a screw 7 and a barrel 2 capable of housing the screw 7;
a molding portion (not labeled but shown in fig. 1 having spaces 15, 16 therein) having one end
and an other end, the one end having a die 9, and the other end being connected to an extruding port of
the extruding portion (connected to the downstream end (i.e., the extruding port) of barrel 2 via
element 4; note that instant fig. 1 shows the molding portion 20 being connected to the extruding port
30 via element 40); and
a rectifier 4 arranged between the extruding portion 2, 7 and the molding portion,
wherein the molding portion includes an increased diameter drum having an increased diameter portion on the extruding port side (as shown in fig. 1, an increased diameter drum is defined by the portion of the mold housing defining the increased diameter portion of space 15) and a straight drum (as shown in fig. 1, a straight drum is defined by the portion of the mold housing defining the constant diameter portions of spaces 15 and 16) connected to the increased diameter drum (fig. 1).
However, Yamazaki (US 2008/0102146) does not disclose the increased diameter portion being configured as a temperature control drum through which a fluid can flow, OR a heat insulating member being arranged to be sandwiched directly between the molding portion and the rectifier.
Yamaguchi et al. (US 6,432,341) disclose an extrusion molding machine (figs. 1-3) for producing
a ceramic molded product (abstract) comprising:
an extruding portion having a screw 21 and a barrel 2 capable of housing the is crew;
a molding portion 3, 4 having one end and an other end, the one end having a die 4, and the
other end being connected to an extruding port of the extruding portion 2, 21 (connected to the
downstream end (i.e., the extruding port) of barrel 2 via element 64;
wherein a temperature controller is provided in the molding portion which is configured as a temperature control drum through which a fluid can flow (fig. 1; col. 5, lines 55-61; col. 6,
lines 3-55); and
wherein a temperature controller is provided in the extruding portion (col. 7, lines 23-35).
Machen (US 3,305,893) discloses an extrusion molding machine (fig. 1), comprising:
an extruding portion having a screw 14 and a barrel 19 capable of housing the screw 14; and
a molding portion 21, 28 having one end and an other end, the one end having a die 28, and the
other end being connected to an extruding port of the extruding portion (connected to the downstream
end (i.e., the extruding port) of barrel 19 via element 31);
wherein a temperature controller 22, 30 is provided in the molding portion (col. 2, lines 11-15);
wherein a temperature controller 41 is provided in the extruding portion (col. 2, lines 53-57);
wherein a heat insulating member 31 is arranged to be between the molding portion and the
extruding portion to thermally insulate the temperature controlled molding portion 17 from the
temperature controlled extruding portion (col. 2, lines 69-73).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the extrusion molding machine of Yamazaki US 2008/0102146) with temperature
controllers, as disclosed by Yamaguchi et al. (US 6,432,341) and Machen (US $3,305,893), because such modifications are known in the extrusion art and would enable the molding portion and the extruding portion to be temperature controlled; and to further modify the extrusion molding machine with a heat insulating member between the molding portion and the extruding portion, as disclosed by Machen(US3,305,893), because such a modification is known in the extrusion art and would enable thermal insulation between the temperature controlled molding portion and the thermally controlled extruding portion. Yamaguchi et al. (US 6,432,341) discloses a temperature gradient between the extrusion portion (col. 4, lines 23-30, cooling the extrusion portion) and the molding portion (col. 5, lines 55-61, heating or cooling the molding portion). And adding a heat insulating member, as disclosed by Machen (US 3,305,893), would provide the steepest possible temperature gradient between the extrusion portion and the molding portion contributing to the efficiency of cooling the extrusion portion and to compact length of the extruder (col. 2, lines 63-67). As mentioned above, Machen (US 3,305,893) discloses the heat insulating member is arranged to be between the molding portion and the extruding portion. Thus, in view of fig. 1 of Yamazaki (US 2008/0102146), the heat insulating member would be placed somewhere between the molding portion and the extruding portion. Since the rectifier is also arranged between the molding portion and the extruding portion as shown in fig. 1 of Yamazaki (US 2008/0102146), it would be further obvious that placing a heat insulating member between the molding portion (having spaces 15, 16) and the extruding portion 2, 7 would be either upstream or downstream of the rectifier 4. If the heat insulating member is placed downstream of the rectifier 4, then the heat insulating member would be arranged to be sandwiched directly between the other end of the molding portion and the rectifier.
While claim 1 does not require temperature controllers, claim 1 does require a heat insulating
member. As mentioned above, Machen (US 3,305,893) discloses an extrusion molding machine,
wherein a heat insulating member 31 is arranged to be between the molding portion and the extruding
portion to thermally insulate the temperature controlled molding portion 17 from the temperature
controlled extruding portion (col. 2, lines 69-73). Thus, the extrusion molding machine of Yamazaki (US
2008/0102146) is modified with temperature controllers, as mentioned above, because Machen (US
3,305,893) discloses using a heat insulating member when there are temperature controllers.
Yamazaki (US 2008/0102146), Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) are
all in the same art, namely the extrusion art. While both Yamaguchi et al. (US 6,432,341) and Machen
(US 3,305,893) both disclose temperature controllers, Yamaguchi et al. (US 6,432,341) is used in the
prior art combination because Yamaguchi et al. (US 6,432,341) discloses using temperature controllers
when extruding ceramic material, as mentioned above, and because the primary reference of Yamazaki
(US 2008/0102146) discloses extruding ceramic material, as mentioned above.
As to the increased diameter drum being configured as a temperature control drum through which a fluid can flow, Yamazaki (US 2008/0102146) discloses that the molding portion includes an increased diameter drum and a straight drum, as mentioned above, and Yamaguchi et al. (US 6,432,341) discloses the molding portion is configured as a temperature control drum through which a fluid can flow, as mentioned above. Thus, it would have been further obvious to modify the molding portion of Yamazaki (US 2008/0102146) to be configured as a temperature control drum through which a fluid can flow, as disclosed by Yamaguchi et al. (US 6,432,341), because such a modification is known in the art and would provide an alternative configuration for the molding portion capable temperature control. Since the molding portion includes the increased diameter drum and the straight drum, it would have been further obvious that the increased diameter drum and/or the straight drum would be configured as a temperature control drum through which a fluid can flow in view of the teachings of Yamaguchi et al. (US 6,432,341) (the molding portion is configured as a temperature control drum through which a fluid can flow) with a reasonable expectation of success.
As to claims 2 and 3, Machen (US 3,305,893) discloses that the heat insulating member 31
maintains the steepest possible temperature gradient between the molding portion 21 and the extruding portion 19 (col. 2, lines 63-68), and fig. 1 shows the heat insulating member 31 having a thickness in the extrusion direction. The heat insulating member inherently includes a thermal
conductivity capable of providing insulation between the molding portion 21 and the extruding portion
19. Thus, it would have been further obvious to an artisan of ordinary skill to further modify the heat
insulating member to have a thermal conductivity of 0.5 W/m∙K or less OR to modify the heat insulating
member to have a thickness of from 1 to 50 mm in an extrusion direction because such limitations
would have been found in finding operable thermal conductivities and/or operable thicknesses for the
heat insulating member which enables the steepest possible temperature gradient between the molding
portion and the extruding portion as desired by Machen (US 3,305,893).
As to claim 6, Yamaguchi et al. (US 6,432,341) disclose the extrusion molding machine:
(Claim 6) wherein the temperature controller is provided in the molding portion (col. 5, lines 55-
61; col. 6, lines 3-55), as mentioned above. Note that the limitations of instant claim 6 are already
included in the prior art combination above for claim 1. In other words, as mentioned above, it "would
have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the
extrusion molding machine of Yamazaki (US 2008/0102146) with temperature controllers, as disclosed
by Yamaguchi et al. (US 6,432,341), because such a modification is known in the extrusion art, as
disclosed by Yamaguchi et al. US 6,432,341) and by Machen (US 3,305,893), and would enable the
molding portion and the extruding portion to be temperature controlled".
As to claim 7, the primary reference of Yamazaki (US 2008/0102146) further discloses a screen 8
being provided in the molding portion (fig. 1), and Machen (US 3,305,893) further discloses a
temperature controller (leftmost 30 in fig. 1) provided between a screen 26 and a die 28 (fig. 1). It
would have been obvious to one of ordinary skill in the art, at the time the invention was made, to
further modify the temperature controller for the molding portion to be provided between the screen and the die, because such a modification is known in the art, as disclosed by Machen (US 3,305,893),
and would provide an alternative configuration for the temperature controller known to be operable in
the art.
As to claim 8, the primary reference of Yamazaki (US 2008/0102146) further discloses the
molding portion having an increased diameter portion (as shown in fig. 1, the increased diameter
portion defines an upstream portion of space 15 located at un upstream portion of the molding
portion). Yamaguchi et al. (US 6,432,341) further discloses the temperature controller 30 for the
molding portion being located at an upstream portion of the molding portion (figs. 1 and 3). Machen
(US 3,305,893) further discloses the temperature controller 22 for the molding portion being located at
an upstream portion of the molding portion (fig. 1). It would have been obvious to one of ordinary skill
in the art, at the time the invention was made, to further modify the temperature controller for the
molding portion to be provided in the increased diameter portion because the increased diameter
portion is located at an upstream portion of the molding portion, as disclosed by Yamazaki (US
2008/0102146), and because both Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) disclose
locating the temperature controller for the molding portion in the upstream portion of the molding
portion.
As to claim 9, as mentioned above, it would have been obvious to one of ordinary skill in the art,
at the time the invention was made, to modify the extrusion molding machine of Yamazaki (US 2008/0102146) with temperature controllers, as disclosed by Yamaguchi al. (US 6,432,341), because
such a modification is known in the extrusion art, as disclosed by Yamaguchi al. (US 6,432,341) and by
Machen (US 3,305,893), and would enable the molding portion and the extruding portion to be
temperature controlled. And Yamaguchi al. (US 6,432,341) further disclose the extrusion molding machine (Claim 9) wherein the temperature controller is a temperature control drum through which a
fluid can flow (col. 6, lines 3- 23, pipe 3 defines a drum through which fluid can flow in passage 30);
wherein a temperature controller is provided in the extruding portion (col. 7, lines 23-35).
As to claims 11-12, the primary reference of Yamazaki (US 2008/0102146) further discloses the
extrusion molding machine:
(Claim 11) wherein the extrusion molding machine is used for producing a ceramic molded
product [0004], [(0023]-[0025], [0031]; and
(Claim 12) further discloses a method for producing a molded product, comprising molding a
molding material using the extrusion molding machine [0004], [(0023]-[0025], [0031].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (US
2008/0102146) in view of Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) as applied to
claims 1-3, 6-9 and 11-12 above, and further in view of Prutton (US 2,078,509).
Yamazaki (US 2008/0102146), Yamaguchi al. (US 6,432,341) and Machen (US 3,305,893) do
not disclose the limitations of claim 4.
Prutton (US 2,078,509) discloses an extrusion molding machine including a heat insulating
member 9 formed from various materials including resin (col. 2, lines 21-60).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the heat insulating member to be formed of a heat insulating resin because it is
known it is known in the extrusion art that heat insulating members can be made from various materials
including resin, as disclosed by Prutton (US 2,078,509).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (US
2008/0102146) in view of Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) as applied to
claims 1-3, 6-9 and 11-12 above, and further in view of Prutton (US 2,078,509) and Burrafato et al. (US
4,913,863).
Yamazaki (US 2008/0102146), Yamaguchi al. (US 6,432,341) and Machen (US 3,305,893) do
not disclose the limitations of claim 5.
Prutton (US 2,078,509) is applied as above.
Burrafato et al. (US 4,913,863) disclose an extrusion molding machine (figs. 1-2) including a heat
insulating member 56, wherein a protective member for protecting the heat insulating member is
arranged at a position that will be in contact with a molding material (fig. 2 shows the protective
member being integrally formed by drum members adjacent the heat insulating member 56 to prevent
the member 56 from contacting molding material; note that instant fig. 1 shows the protective member
50 being integrally formed with the drum 22).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the heat insulating member to be formed of a heat insulating resin because it is
known it is known in the extrusion art that heat insulating members can be made from various materials
including resin, as disclosed by Prutton (US 2,078,509); AND to further modify the extrusion molding
machine with a protective member, as disclosed by Burrafato et al. (US 4,913,863), because such a
modification is known in the extrusion art and would protect the heat insulating member from contact
with molding material.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (US
2008/0102146) in view of Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) as applied to
claims 1-3, 6-9 and 11-12 above, and further in view of Burrafato et al. (US 4,913,863).
Yamazaki (US 2008/0102146), Yamaguchi al. (US 6,432,341) and Machen (US 3,305,893) do
not disclose the limitations of claim 10.
Burrafato et al. (US 4,913,863) disclose an extrusion molding machine (figs. 1-2) including a
molding portion 10a-10c, 26, wherein the outer circumference of the molding portion is covered with a
heat insulating sheet to thermally insulate the molding section (col. 5, lines 49-55; "blanket of thermal
insulation").
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the extrusion molding machine wherein the outer circumference of the molding
portion is covered with a heat insulating sheet, as disclosed by Burrafato et al. (US 4,913,863), because
such a modification is known in the extrusion art and would enable thermal insulation of the molding
section.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (US
2008/0102146) in view of Yamaguchi et al. (US 6,432,341) and Machen (US 3,305,893) as applied to
claims 1-3, 6-9 and 11-12 above, and further in view of Prutton (US 2,078,509) and anyone of KR 1198-073141, Kawabe et al. (US 5,360,829) and Yang (US 2016/0082628).
Yamazaki (US 2008/0102146), Yamaguchi al. (US 6,432,341) and Machen (US 3,305,893) do
not disclose the limitations of claim 13.
Prutton (US 2,078,509) discloses an extrusion molding machine including a heat insulating
member 9 formed from various materials including resin (col. 2, lines 21-60).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the heat insulating member to be formed of a heat insulating resin because it is
known it is known in the extrusion art that heat insulating members can be made from various materials
including resin, as disclosed by Prutton (US 2,078,509).
KR 1198-073141 discloses a heat insulating resin being a polyacetal resin (See English translation at Background Art Section).
Kawabe et al. (US 5,360,829) discloses a heat insulating resin being a polyamide resin (col. 1, lines 18-22).
Yang (US 2016/0082628) discloses a heat insulating resin being a polyethylene resin or a polypropylene resin [0025].
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the heat insulating resin to be one selected from the group consisting of a polyacetal resin, a polyamide resin, a polyethylene resin and a polypropylene resin because such resins are known to be heat insulating materials in the heat insulating art, as respectively recited by anyone of KR 1198-073141, Kawabe et al. (US 5,360,829) and Yang (US 2016/0082628).
Response to Arguments
Applicant's arguments filed March 17, 2026 have been fully considered but they are not persuasive.
Applicants argue that the asserted combination of Yamazaki, Yamaguchi and Machen would not have resulted in an extrusion molding machine that meets all of the limitations now recited in claim 1.
The Examiner respectfully disagrees. See prior art rejections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.L/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
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