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, 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 2, 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 21 and 23 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 21 recites the limitation "the front compression surface." There is insufficient antecedent basis for this limitation in the claim.
The phrase “wherein there is a front and back compression surface” in claim 23 renders the claim indefinite. It is unclear if “a front . . . compression surface” is referring back to the previously introduced front compression surface of claim 20, or if the phrase is introducing a second front compression surface.
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 20-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (US 2017/0129146) in view of Make (US 2016/0200018).
Claim 20: Zeng discloses a method of processing foam (abstract). The method includes placing foam on a bottom compression surface, wherein the foam is placed between a left compression surface and a right compression surface (fig. 22; 1-2); compressing the foam between a top compression surface and the bottom compression surface (fig. 22; 3); compressing the foam between the left compression surface and the right compression surface (fig. 22; 3); moving the compressed foam into a pressure vessel (fig. 22; 4-5) using a front compression surface to slide the compressed foam across the bottom compression surface into the mold (fig. 22; 4; front compression surface of the pictured rod);
compressing the foam against an interior surface of the mold opposite the front compression surface (fig. 19; 1915; triaxial compressed foam);
treating the compressed foam in the transferred mold while in the pressure vessel by applying a thermal treatment (¶ 12), wherein the treatment causes the foam to be converted to auxetic foam (fig. 22; 6).
Zeng is silent as to moving the foam into a mold and transferring the mold into a pressure vessel. However, Make disclose a method of processing including a shaping mold that encloses the workpiece, and transferring the shaping mold into a pressure vessel (¶ 13). As taught by Make, utilizing a shaping mold and transferring the shaping mold into a pressure vessel allows the workpiece to be shaped according to the shaping mold (¶ 13). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have moved the compressed foam of Zeng into a shaping mold and then transferred the shaping mold into the pressure vessel in order to impart a desired shape to the foam.
Claim 21: Zeng discloses a method of processing foam (abstract). The method includes placing foam on a bottom compression surface, wherein the foam is placed between a left compression surface and a right compression surface (fig. 22; 1-2); compressing the foam between a top compression surface and the bottom compression surface (fig. 22; 3); compressing the foam between the left compression surface and the right compression surface (fig. 22; 3); moving the compressed foam into a pressure vessel (fig. 22; 4-5) using a compression surface to slide the compressed foam across the bottom compression surface into the mold (fig. 22; 4; front compression surface of the pictured rod);
compressing the foam against an interior surface of the mold opposite the front compression surface (fig. 19; 1915; triaxial compressed foam);
treating the compressed foam in the transferred mold while in the pressure vessel by applying a thermal treatment (¶ 12), wherein the treatment causes the foam to be converted to auxetic foam (fig. 22; 6).
Zeng is silent as to moving the foam into a mold and transferring the mold into a pressure vessel. However, Make disclose a method of processing including a shaping mold that encloses the workpiece, and transferring the shaping mold into a pressure vessel (¶ 13). As taught by Make, utilizing a shaping mold and transferring the shaping mold into a pressure vessel allows the workpiece to be shaped according to the shaping mold (¶ 13). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have moved the compressed foam of Zeng into a shaping mold and then transferred the shaping mold into the pressure vessel in order to impart a desired shape to the foam.
Claim 22: Zeng discloses using a sliding guide (fig. 22; rod).
Claim 23: Zeng discloses a front and back compression surface and the moving step includes using the front compression surface to push the compressed foam (fig. 22).
Claim 24: Make discloses closing the mold, wherein after the workpiece is moved into the mold, the mold is closed (¶ 13).
Claim 25: Make discloses the mold being formed of segments and the method includes a step of holding the mold segments in place (¶ 13).
Claim 26: Make discloses the mold having small holes which allows gasses to enter the mold (fig. 6).
Claim 27: Zeng and Make discloses a step of heating the foam and mold, respectively (¶¶ 38, 74; fig. 15 (Zeng); and ¶ 61 (Make).
Claims 28-29: Make discloses the workpiece and mold being non-uniform shaped (fig. 6).
Claim 30: Zeng discloses compressing the foam between the left compression surface and the right compression surface includes applying a non-uniform force (fig. 22; 3-4).
Response to Arguments
Applicant's arguments filed December 23, 2025 have been fully considered but they are not persuasive.
Applicant argues that Zeng does not “disclose or contemplate ‘treating the compressed foam in the transferred mold while in the pressure vessel by applying one or more of thermal treatments, chemical treatments or a combination thereof,’ as required by amended claim 20.” This argument has been considered but is not persuasive. As discussed in the rejections above, Zeng discloses treating the compressed foam in the transferred mold while in the pressure vessel by applying a thermal treatment (¶ 12), wherein the treatment causes the foam to be converted to auxetic foam (fig. 22; 6). Zeng is silent as to moving the foam into a mold and transferring the mold into a pressure vessel. However, Make disclose a method of processing including a shaping mold that encloses the workpiece, and transferring the shaping mold into a pressure vessel (¶ 13). As taught by Make, utilizing a shaping mold and transferring the shaping mold into a pressure vessel allows the workpiece to be shaped according to the shaping mold (¶ 13). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have moved the compressed foam of Zeng into a shaping mold and then transferred the shaping mold into the pressure vessel in order to impart a desired shape to the foam.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754