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 1 is amended.
Response to Arguments
Applicant’s arguments, see pages 1-5, filed 01/02/2026, with respect to the rejection(s) of amended claim(s) 1 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Erlenbach, US 5037592 in view of Rubens (US 4693856) and LIM (US 20110086216).
The amended limitation is addressed by LIM as discussed below.
Further, applicant argued that re: the limitation that "the at least one preparation unit is separate from the at least one functional unit and is arranged between the at least one supply unit and the at least one discharge unit." Applicant respectfully submits that Erlenbach fails to disclose, teach, at least this element of claim 1. Moreover, Rubens does not assist Erlenbach in curing this deficiency.
Examiner sates that Erlenbach discloses the preparation unit is separate from the at least one functional unit and is arranged between the at least one supply unit and the at least one discharge unit (Figure 1 showing preparation unit-40 is between the supply unit-51 and discharge unit-18). Reubens discloses comprises an energy exchanger, the energy exchanger exchanging thermal energy between the at least one working medium and an additional working medium (Figure 1, heat transfer jacket-27, heat source-28 and cooling medium-31 are two mediums., Col 4 line 12-17). As the new limitation states that the steam generating unit is separate from the mold unit, LIM discloses the above limitation i.e. a steam supplier/generating is provided outside the mold unit (figure 1, steam supplier-30, [0028). Combination of the above references did not disclose that newly amended limitation that the preparation unit is separate from the functional unit (which is outside the mold unit) and is arranged between the at least one supply unit and the at least one discharge unit. However, it has generally been recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. SEE MPEP 2144.04 VI.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 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) 1-3,8-11,14,17-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erlenbach (US 5037592) in view of Rubens (US 4693856) and LIM (US 20110086216).
Regarding Claim 1 Erlenbach discloses , device for processing a particle foam material for producing a particle foam molded part a mold unit which delimits a molding cavity (Figure 1, device-10, col 1 line 61-68-col 2 line 1-2, mold halves 11, 21, each mold half 11, 21 having a front side with a wall portion 12, 22 and a rear side with a steam compartment 13, 23), comprising: at least one functional unit (Figure 1, functional unit/steam compartments-13,23 col 7 line 55-60, line 65-68), through at least portions of which at least one working medium that is or can be used in the operation of the device flows (Figure 1, working medium as the steam), at least one supply unit for supplying the or at least one working medium that is or can be used in the operation of the device to the at least one functional unit (Figure 1, Figures 1, 7 , mold unit-11,21, steam inlet valves-16 or 26, Col 8 line 8-10 ), wherein the at least one supply unit comprises a supply line coupled to the mold unit, the supply line providing the at least one working medium to the mold unit (Figures 1, 7 , mold unit-11,21, steam inlet valves-16 or 26, Col 8 line 8-10) and at least one discharge unit for discharging the or at least one working medium that is or can be used in the operation of the device from the at least one functional unit, wherein the at least one discharge unit comprises a discharge line coupled to the mold unit and through which the at least one working medium can be discharged from the mold unit, (Figure 1, discharge unit-18,28, col 8 line 15-16 ), and at least one preparation unit assigned to the functional unit (Figure 1, treatment/preparation unit-40, col 8 line 20-25) which is or can be connected to the at least one supply unit and/or to the at least one discharge unit and is designed for preparing the or at least one working medium that is or can be used in the operation of the device (Col 8 line 20-45); the at least one functional unit comprises at least one of: a steam-generating unit for generating steam which is to be supplied to the mold unit (Figure 1, steam generator-32) .
Further, Erlenbach did not disclose that re: the newly amended limitation that wherein the steam-generating unit and the steam storage unit are separate from the mold unit. In the related field of endeavor pertaining to the art, LIM discloses that the steam-generating unit and the steam storage unit are separate from the mold unit (Figure 1, steam supplier-30, steam pipe-31, [0028]).
It would have been obvious for one ordinary skilled in the art to modify Erlenbauch teaching with that of LIM’s teaching for the purpose of uniform distribution of the steam at the mold surfaces.
Further, Erlenbach wherein the at least one preparation unit is separate from the at least one functional unit and is arranged between the at least one supply unit and the at least one discharge unit (Figure 1 showing preparation unit-40 is between the supply unit-51 and discharge unit-18) but didn’t disclose preparation unit comprises an energy exchanger, the energy exchanger exchanging thermal energy between the at least one working medium and an additional working medium. In the related field of endeavor pertaining to the art, Reubens disclose comprises an energy exchanger, the energy exchanger exchanging thermal energy between the at least one working medium and an additional working medium (Figure 1, heat transfer jacket-27, heat source-28 and cooling medium-31 are two mediums., Col 4 line 12-17).
It would have been obvious for one ordinary skilled in the art to modify Erlenbauch teaching with that of Reuben’s thermal exchanger for the purpose of recovering waste energy to reduce operational costs.
17. Regarding Claim 2 Erlenbach discloses, wherein the preparation unit is connected to the device by control technology (Figure 1, preparation unit-40 controlled by valves-52, col 8 line 40-48).
18. Regarding Claim 3 Erlenbach discloses,wherein at least the at least one preparation unit is arranged or formed on or in a housing structure (Figure 1, preparation unit-40 is formed in an enclosed structure).
19. Regarding Claim 5 Erlenbach discloses, wherein the at least one preparation unit is arranged so as to be connected between the at least one supply unit and the at least one discharge unit (Figure 1 showing preparation unit-40 is between the supply unit-51 and discharge unit-28), to form a flow circuit unit that forms a flow circuit for the at least one working medium that is or can be used in the operation of the device (Figure 1, col 8 line 20-32).
20. Regarding Claim 6, Erlenbach discloses wherein the at least one preparation unit is modifies physical parameter of the at least one working medium that is or can be used in the operation of the device (Figure 1, col 5 line 33-36, col 8 line 26-32, temperature can be modified which is a physical parameter ).
21. Regarding Claim 7, Erlenbach discloses wherein the at least one preparation unit is designed for modifying the pressure of the at least one working medium that is or can be used in the operation of the device (Figure 1, preparation unit-40, Col 8, line20-25).
22. Regarding Claim 8, Erlenbach discloses, wherein the at least one preparation unit is modifies the temperature of the at least one working medium that is or can be used in the operation of the device (Figure 1, col 5 line 33-36, col 8 line 26-32 temperature can be modified which is a physical parameter).
23. Regarding Claim 9, Erlenbach discloses, wherein the at least one preparation modifies the physical state of the at least one working medium that is or can be used in the operation of the deviceFigure 1, col 5 line 33-36, col 8 line 26-32 temperature can be modified).
24. Regarding Claim 10, Erlenbach discloses, wherein the at least one preparation unit modifies the energy content of the er-at least one working medium that is er-can be used in the operation of the deviceFigure 1, col 5 line 33-36, col 8 line 26-32 temperature/energy can be modified).
25. Regarding Claim 11, Erlenbach discloses at least one preparation unit is modifies the flow properties, of the at least one working medium that is or can be used in the operation of the device (Figure 1, col 5 line 33-36, temperature/energy can be modified which can affect the flow properties like speed).
26. Regarding Claim 14, Erlenbach discloses wherein one storage unit (Figure 1 vessel-61), which is or can be arranged downstream of the at least one preparation unit and is designed for storing working medium to be discharged from the at least one preparation unit (col 8 line 20-25).
27. Regarding Claim 17, Erlenbach discloses wherein the supply unit is designed for at least one of: supplying the at least one working medium that is or can be used in the operation of the device to the mold (Figure 1, condensate supply unit-51, functional unit-11,21, with die wall portion-12 and 22 constitute a die unit, col,8 line 41-43) for carrying out an expansion process of a particle foam material that is introduced into the molding cavity and is to be processed by means of the deviceCol 7 line 64-68), supplying the at least one working medium that is or can be used in the operation of the device (Figure 1, working medium as the steam compartments-13,23, col 7, line 55-60, line 65-68) for carrying out at least one conditioning process of at least one particle foam molded part that is produced in the molding cavity by an expansion process of a particle foam material that is introduced into the molding cavity and is to be processed by means of the deviceCol 12, line 8-18) , supplying the at least one working medium that is or can be used in the operation of the device to the mold for carrying out at least one conditioning process of the die unit (Col 11, line 25-36),Figure 1, cavity-30, Col 8 line 1-8), in particular in a state in which it is not filled with a particle foam material to be processed, for carrying out at least one conditioning process of the molding cavity delimited by the mold unit (Col 9, line 31-46).
28. Regarding Claim 18 Erlenbach discloses wherein the mod delimiting a molding cavity comprises at least one, working-medium receiving space for receiving steam (Figure 1, functional unit-11,21, with die/mold wall portion-12 and 22 constitute a die unit, col,8 line1-8, line 41-43).
29. Regarding Claim 19 Erlenbach discloses the mold comprising a first die element delimiting a first portion of the molding cavity (functional unit-11,21, with first die wall portion-12 delimiting a first portion of the molding cavity-30) and at least one additional mold delimiting an additional portion of the molding cavityfunctional unit-11,21, with second die wall portion-22 delimiting a second portion of the molding cavity-30), wherein the first die element comprises at least one, working-medium receiving space for receiving steam (Col 8 line 49-54), wherein the first mold comprises one or more flow ducts, through which a working medium can be supplied to the at least one working-medium receiving spaceFigure 1, steam/duct pipes-53, Col 8 line 40-49) and/or discharged from the at least working-medium receiving spaceFigure 1, discharge unit-18,28, Col 8 line 8-16), and/or the at least one additional mold comprises at least one, in particular chamber like or chamber shaped, working-medium receiving space for receiving steam (Figure 1, working medium as the steam compartments/chambers-13,23, col 7, line 55-60, line 65-68), wherein the at least one additional mold comprises one or more flow ducts , through which a working medium can be supplied to the at least one working-medium receiving space (Figure 1, steam/duct pipes-53, Col 8 line 40-49) and/or discharged from the at least working- medium receiving space (Figure 1, discharge unit-18,28, Col 8 line 8-16).
30. Regarding Claim 20 Erlenbach discloses wherein the at least one functional unit is designed as or comprises the mold delimiting a molding cavity (Figure 1, functional unit-11,21, with die wall portion-12 and 22 constitute a die unit ; cavity-30,).
31. Regarding Claim 23, Erlenbach discloses at least one functional unit is designed as or comprises a pressure-generating unit for generating pressure-modified working medium (Col 10, line 15-28).
32. Regarding Claim 24 Erlenbach discloses the -at least one functional unit is designed as or comprises an, in particular chamber like or chamber shaped, pressure storage unit for storing pressure-modified, in particular pressure increased, working medium, supplied to the mold delimiting a molding cavity (Figure 1, working medium as the steam compartments/chambers-13,23, Col 10-15-28).
29. Regarding Claim 25 Erlenbach discloses wherein at least one functional unit is designed as or comprises a temperature-control unit, which is designed for temperature-controlling at least one additional functional unit of the device (Figure 6, temperature controlled valve-55, Col 11 line 42-49, Col 8 line 26-32 discloses a temperature controlled medium by using heater ).
33. Regarding Claim 26 Erlenbach discloses a preparation unit for preparing a working medium for a device for processing a particle foam material for producing a particle foam molded part, in particular for a device (Figure 1, treatment/preparation unit-40, col 8 line 20-25’ Col 9, line 31-46).
34. Regarding Claim 28 Reuben discloses wherein the energy exchanger removes thermal energy from the at least one working medium and supplies the thermal energy to the additional working medium (Figure 1, heat transfer jacket-27, heat source-28 and cooling medium-31 are two mediums., Col 4 line 12-20).
35. Claim(s) 12,15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erlenbach, US 5037592 in view of Rubens (US 4693856) and LIM (US 20110086216) further in view of Maeda, US 4631159.
36. Regarding Claim 12, Erlenbach discloses wherein the at least one preparation unit is designed for modifying physical parameter of the at least one working medium that is or can be used in the operation of the device (Figure 1, col 5 line 33-36, col 8 line 26-32, temperature can be modified which is a physical parameter ) but did not disclose that one preparation unit In the same field of endeavor pertaining to the art, Maeda discloses , the at least one preparation unit (col 1 57-60; steam is added with blowing mixture to modify the chemical composition of the working medium/steam).
37. It would be obvious for one ordinary skilled in the art before the time of Applicant’s invention to modify Erlenbach’s device for processing a particle foam with the teaching of Maeda’s blowing agent for the purpose of creating lighter foamed part body.
38. Regarding Claim 15, Erlenbach discloses that wherein the at least one supply unit is designed for supplying a working-medium mixture (Figure 1, condensate supply unit-51) but did not disclose that containing two working media that differ in at least one chemical. In the related field of endeavor pertaining to the art, Maeda discloses that containing at least two working media that differ in at least one chemical, to the mold of the device that delimits a molding cavity (Maeda, US 4631159 col 1 57-60, blowing gas is used as second media with the steam, therefore combining Erlenbach which discloses the die/mold unit of the device with a cavity-30 (Figure 1) modified by Maeda second media in the working mixture the claim limitation can be met ).
39. It would be obvious for one ordinary skilled in the art before the time of Applicant’s invention to modify Erlenbach’s device for processing a particle foam with the teaching of Maeda’s blowing agent used as second medium for the purpose of creating lighter foamed part body.
40. Regarding Claim 16, Erlenbach discloses a mixing unit (Figure 1, mixing unit-50), which is or can be assigned to the mold unit that delimits a molding cavity (Figure 1, die unit of the device with a cavity-30 ) but did not disclose that containing two working media that differ in at least one chemical parameter.and is designed for mixing at least two working media that differ in at least one chemical parameter to form a working-medium mixture. In the related field of endeavor pertaining to the art, Maeda discloses (Maeda, US 4631159 col 1 57-60, blowing gas is used s another media, therefore combining Erlenbach which discloses the die unit of the device with a cavity-30 (Figure 1) modified by Maeda second media in the working mixture the claim limitation can be met.
41. It would be obvious for one ordinary skilled in the art before the time of Applicant’s invention to modify Erlenbach’s device for processing a particle foam with the teaching of Maeda’s blowing agent used as second medium for the purpose of creating lighter foamed part body.
42. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erlenbach, US 5037592 in view of Rubens (US 4693856) and LIM (US 20110086216) further in view of WO210079212 hereinafter WO’212, translation is attached.
43. Regarding Claim 13, Erlenback discloses one preparation unit (Figure 1, treatment/preparation unit-40, col 8 line 20-25) but did not disclose that preparation unit is designed for removing in particular particulate impurities. In the same field of endeavor pertaining to the art, WO’212 discloses at least one preparation unit is designed for removing in particular particulate impurities from the working medium or at least one working medium that is or can be used in the operation of the device ([0013]).
44. It would be obvious for one ordinary skilled in the art before the time of Applicant’s invention to modify Erlenbach’s device for processing a particle foam with the teaching of WO’212 for treating the steam so that the uncondensed dry steam reaches the foam particle to form the foamed molded part (abstract, WO’212)
Conclusion
.
45. 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 DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEBJANI ROY/ Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741