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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 21, 2026 has been entered.
Response to Arguments
Applicant's arguments filed April 21, 2026 have been fully considered but they are not persuasive. Applicant argues that “Sudo merely discloses a configuration for individually controlling the operation of heaters for each nozzle section” but that “Sudo completely fails to teach or suggest controlling the heaters such that the temperature gradually decreases toward the outlet side” and that “the mere presence of individual heater control in Sudo does not implicitly or explicitly suggest the claimed gradual temperature drop profile”.
The Examiner respectfully disagrees. Sudo discloses that the stage at the outlet of the nozzle has a smaller heat capacity than the stage at the inlet of the nozzle since the amount of material within the final stage is less than the amount of material at the previous stages given the decrease in stage sizes. Additionally it is well known in the art that the temperature of the material will rise on its own with the more pressure and force that is applied as it moves through the nozzle. Therefore based on the teaching of Sudo of the different heat capacities of the stages, the desire to maintain a uniform temperature of the material as it moves through the nozzle and the general knowledge of one of ordinary skill in the art it would have been obvious to one having ordinary skill in the art that the temperature of each stage would progressively decrease toward the outlet given that the heat capacities decrease toward the outlet as well. Thus the combination of Ito et al and Sudo meets the invention as claimed.
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.
Claim(s) 1-4, 6-8, 12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al (JP 2007-130661A; cited by Applicant) in view of Sudo (JP10-315289; cited by Applicant).
In reference to claim 1, Ito et al discloses an extrusion nozzle apparatus comprising
an inlet (upper opening) for inputting a material (M) [see figure 3],
an outlet (lower opening) for discharging the material (M) [see figure 3], and
a discharge pipe (32) having a multi-stage shape including a plurality of stages (D1-D6), wherein the material (M) is pressurized inside the discharge pipe (32) and moves in a first direction from the inlet toward the outlet [see figure 3],
wherein a cross-sectional area of the plurality of stages (D1-D6) in a direction perpendicular to the first direction progressively decreases from the inlet to the outlet, as seen in figure 3 [see 2nd paragraph on pg. 5 of translation].
Ito et al discloses the invention substantially as claimed except for wherein a plurality of heating device spaced apart from each other surround outer surfaces of the plurality of stages.
However, Sudo teaches of providing a molding nozzle with a plurality of stages wherein each stage has a heater (4a, 4b, 9a, 9b) on an outer surface thereon for the purpose of controlling the temperature of the material to produce a uniform product [see abstract; figure 1 shows heaters 4a & 4b on first stage, heater 9a on second stage and 9b on third stage].
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nozzle of Ito et al to include heaters at each stage, as taught by Sudo, in order to maintain the temperature of the material to be uniform during the extruding process.
Sudo further teaches that the heat capacity of the heaters at the outlet are smaller than the heaters at the inlet [see abstract], therefore it would have been obvious to one of ordinary skill in the art that given the reduced heat capacity of the heaters the temperature of the stages at the outlet would be less than the temperature of the stages at the inlet thereby meeting the limitation of the temperatures progressively decreasing from the inlet to the outlet.
In reference to claim 2, Ito et al the plurality of stages include in the discharge pipe comprises interfaces, and
an angle (α) between the interface of each of the stages and the first direction is greater than 0 degrees and is less than or equal to 90 degrees [see figure 3].
In reference to claim 3, Ito et al further discloses the plurality of stages comprises first to N-th stages, where N is a natural number of 2 or greater, when angles between interfaces of the first to N-th stages and the first direction are denoted as R1 to RN, the expression R1≥R2≥R3≥…≥RN is satisfied.
In reference to claim 4, Ito et al further discloses the plurality of stages included in the discharge pipe (32) comprises inner surfaces, and the inner surfaces of each of the stages is formed to be parallel to the first direction, as seen in figure 3.
In reference to claim 6, Ito et al further discloses a cross-sectional are of the outlet is smaller than a cross-sectional area of the inlet, as seen in figure 3.
In reference to claim 7, Ito et al further discloses a cross-section of the outlet has a shape of a circle, as seen in figure 3.
In reference to claim 8, Ito et al further discloses a cross-section of each of the plurality of stages perpendicular to the first direction has a shape of a circle, as seen in figure 3.
In reference to claim 12, Sudo further teaches of providing a plurality of temperature sensors for the purpose of measuring and controlling the temperature of the material to produce a uniform product [see abstract].
In reference to claim 14, Sudo further teaches the heaters comprises a heating block (4a, 4b, 5a, 5b, 9a, 9b) formed along an outer surface of the nozzle [see figure 1]. Thus the combination further discloses the heating device comprises a heating block formed along an outer surface of each of the stages of the discharge pipe.
In reference to claim 15, Ito et al further discloses a flange part (38) formed on an outer surface of the discharge pipe (32) in which the inlet is positioned, and including a plurality of holes [see figure 3].
In reference to claim 16, Ito et al discloses a method for extruding a thermoelectric material using an extrusion nozzle apparatus, the method comprising
inputting the thermoelectric material (M) into an inlet (upper opening),
pressurizing a piston (36) in a direction from the inlet to an outlet (lower opening) and moving the input thermoelectric material in a discharge pipe (32) including a plurality of stages (D1-D6) whose cross-sectional areas are progressively decreased from the inlet to the outlet, and
extruding the input thermoelectric material to the outlet [see figure 3; 2nd paragraph on pg. 5 of translation.
Ito et al discloses the invention substantially as claimed except for wherein a plurality of heating device spaced apart from each other surround outer surfaces of the plurality of stages.
However, Sudo teaches of providing a molding nozzle with a plurality of stages wherein each stage has a heater (4a, 4b, 9a, 9b) on an outer surface thereon for the purpose of controlling the temperature of the material to produce a uniform product [see abstract; figure 1 shows heaters 4a & 4b on first stage, heater 9a on second stage and 9b on third stage].
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the nozzle of Ito et al to include heaters at each stage, as taught by Sudo, in order to maintain the temperature of the material to be uniform during the extruding process.
Sudo further teaches that the heat capacity of the heaters at the outlet are smaller than the heaters at the inlet [see abstract], therefore it would have been obvious to one of ordinary skill in the art that given the reduced heat capacity of the heaters the temperature of the stages at the outlet would be less than the temperature of the stages at the inlet thereby meeting the limitation of the temperatures progressively decreasing from the inlet to the outlet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725
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