DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II, claims 5-9 in the reply filed on 11/7/2025 is acknowledged.
Claims 1-4 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/7/2025.
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 5-9 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 5, lines 9, 10, 12, 15 recite “special-shaped” piece or TPU piece. The instant specification contains no definition or description of “special-shaped,” and this is not a term of art. It is unclear what falls within the scope of “special-shaped” and what does not. What is considered “special-shaped” to one inventor may not be considered “special-shaped” to a second person of ordinary skill in the art. Therefore, claim 5 and all claims dependent thereon (6-9) are indefinite.
Claim 5, line 6 recites “the material.” There is insufficient antecedent basis for this term. The claim previously refers to “raw materials” and to the “supercritical thermoplastic foam elastomer material according to claim 1” in lines 1-2. In order for “the material” to have proper antecedent basis, the term should be changed to recite “the supercritical thermoplastic foam elastomer material” or to recite “the thermoplastic elastomer.”
Claim 5, line 8-9 recites “at a temperature higher than a glass softening point and lower than the melting point to obtain a special-shaped thermoplastic elastomer piece or sheet.” This is indefinite because the limitation does not indicate of what the temperature higher than a glass softening point and lower than the melting point is referring. In other words, a temperature higher than a glass softening point and lower than the melting point of what? The entire blend? The thermoplastic elastomer alone? For this reason, claim 5 and all claims dependent thereon are indefinite.
Claim 5, step 3, lines 10 and 11-12 recite “the special-shaped piece or sheet.” There is insufficient antecedent basis for this term. The claim previously refers to a special-shaped thermoplastic elastomer piece or sheet. Claim language must be kept consistent in order for proper antecedent basis to be present.
Claim 5, step 3, recites “reheating the special-shaped piece or sheet obtained in step 2 to a temperature higher than the glass softening point of the material…” The claim is indefinite because it is unclear what “the material” is referring. The thermoplastic elastomer? The combination of the thermoplastic elastomer, talc, chain extender, and auxiliary agent? The special-shaped thermoplastic elastomer or sheet? It is also unclear what “normalizing treatment” in 13 means. The specification does not clarify what meets “normalizing treatment” means. What temperatures and pressures meet “normalizing treatment”? Normalizing to what?
Claim 5, step 4 recites “forming a polymer/gas homogenous system after a certain time.” The claim does not previously refer to a polymer but recites a thermoplastic elastomer. Thus, there is not sufficient antecedent basis for “polymer/gas homogenous system” and it is not clear that this polymer/gas system is the thermoplastic elastomer formed in the previous steps.
Claim 5, step 4, line 15 recites “the special-sheet TPU piece or sheet.” There is insufficient antecedent basis for this limitation. The claimed does not previously refer to a special-shaped TPU piece or sheet but refers to a special-shaped thermoplastic elastomer piece or sheet. TPU is known to stand for thermoplastic polyurethane which is not the same as a special-shaped thermoplastic elastomer sheet
Claim 5, step 4, line 17 states “the material.” It is unclear what material this is referring to. Is it referring to the homogenous system formed by permeating the special-shaped TPU piece.
Claim 5, step 5, line 20 recites “carrying out compressing molding on the TPU small foam material in step 4. There is insufficient antecedent basis for “the TPU small foam material in step 4.” The claim does not previously refer to a TPU or a small foam material or a TPU small foam material. Therefore, this is indefinite.
Claim 5, second to last line recites “small foam material.” This is a relative term which renders the claim indefinite. It is unclear what meets “small foam material” and what does not.
Claim 6 recites “the reactor”. There is insufficient antecedent basis for this limitation. The claim does not previously refer to a reactor, nor does claim 5 on which claim 6 depends.
Claim 8 recites “the pressure”. There is insufficient antecedent basis for this limitation. This is further unclear as step 4 recites “using a heating/depressurization method”. Thus, “the pressure” could refer to a pressure before depressurization or after depressurization.
Claim 9 recites “the time”. There is insufficient antecedent basis for this limitation. It is suggested that this be amended to recite “the certain time”, unless “the time” is meant to refer to a different time, such as the time of the entire step 4 or the time of one of the steps in step 4.
There are several indefinite issues with regards to antecedent basis and clarity in the instant claims. The following is suggested to clarify the issues:
A preparation method for preparing a thermoplastic foam elastomer material, the method comprising the following steps:
step 1, weighing and blending a thermoplastic elastomer, talcum powder, a chain extender, and an auxiliary agent using a double-screw extrusion device at a temperature higher than a melting point of the thermoplastic elastomer thereby forming a product;
step 2, carrying out an injection molding or extrusion process on the product obtained in step 1 at a temperature higher than the glass softening point and lower than the melting point of the product to obtain a shaped piece or sheet from the product;
step 3, re-heating the shaped piece or sheet obtained in step 2 by baking the piece or sheet for 2 to 8 hours at a temperature lower than a glass transition temperature of the piece or sheet, and then allowing the piece or sheet to return to atmospheric conditions thereby forming a baked piece or sheet;
step 4, placing the baked piece or sheet in an autoclave and then introducing N2 and water vapor into the autoclave under pressure to allow the N2 and water vapor to permeate into the baked piece or sheet, thereby forming a homogenous system of the baked piece or sheet, the N2, and the water vapor, followed by heating and/or depressurizing the homogenous system for a time sufficient to allow bubble nuclei to form and grow in the homogenous system thereby forming a foam material;
step 5, carrying out compression molding on the foam material obtained in step 4.
If the above changes are made, it is suggested that claim 6 be amended to recite “The method of according to claim 5, wherein the temperature inside the autoclave in step 4 is greater than the boiling point of water.”
If the above changes are made, it is suggested that claim 7 be amended to recite “The method of according to claim 5, wherein a volume ratio of the N2 to water vapor in step 4 is (3-7):1.”
If the above changes are made, it is suggested that claim 8 be amended to recite “The method of according to claim 5, wherein the pressure in the autoclave in step 4 is 45 MPa.”
If the above changes are made, it is suggested that claim 9 be amended to recite “The method of according to claim 5, wherein step 4 occurs over a time period of 4 to 8 hours.”
Prior Art
There are no prior art rejections over the instantly claimed invention. The closest prior art fails to teach a method requiring the steps of step 1, weighing raw materials according to a formula ratio, blending a thermoplastic elastomer, talcum powder, a chain extender, and an auxiliary agent using a double-screw extrusion device, and modifying the thermoplastic elastomer at a temperature higher than a melting point of the material; step 2, carrying out an injection molding or extrusion process on the product obtained in step 1 at a temperature higher than a glass softening point and lower than the melting point to obtain a special-shaped thermoplastic elastomer piece or sheet; step 3, reheating the special-shaped piece or sheet obtained in step 2 to a temperature higher than the glass softening point of the material, baking the special-shaped piece or sheet for 2-8 h at a temperature lower than a glass temperature of the material, and carrying out a normalizing treatment; step 4, in an autoclave, introducing N2 and water vapor in an autoclave body, forming a polymer/gas homogenous system after a certain time, breaking an equilibrium state of the polymer/gas homogenous system in the material by using a heating/depressurization method, forming a bubble nuclei in the material and growing and shaping the bubble nuclei; and step 5, carrying out compression molding on the TPU small foam material obtained in step 4.
Close prior art references are the following (1) Chang et al. (US 2018/0237605); Hayashi et al. (US 2021/0095091); (2) Hayashi et al. (US 2021/0095091); (3) Prissok et al. (WO2022/162048). Because Prissok et al. (WO2022/162048) is not in English, the machine-translated English equivalent is cited below and is attached.
Chang et al. teach a thermoplastic elastomer foam produced by incorporating a gaseous or supercritical fluid blowing agent under pressure into a molten thermoplastic elastomer then releasing pressure to foam the thermoplastic elastomer (abstract). Examples of blowing agent include nitrogen (¶42). The polymer mixture may be formed by combining a molten thermoplastic elastomer and a semi-crystalline polymer. The blowing agent is incorporated into the polymer mixture. Pressure is released, causing foam cells to form (i.e. “bubble nuclei”) and the polymer is foamed. See ¶10.
Chang et al. fail to teach weighing raw materials according to a formula ratio, blending a thermoplastic elastomer, talcum powder, a chain extender, and an auxiliary agent using a double-screw extrusion device, and modifying the thermoplastic elastomer at a temperature higher than a melting point of the material; step 2, carrying out an injection molding or extrusion process on the product obtained in step 1 at a temperature higher than a glass softening point and lower than the melting point to obtain a special-shaped thermoplastic elastomer piece or sheet; step 3, reheating the special-shaped piece or sheet obtained in step 2 to a temperature higher than the glass softening point of the material, baking the special-shaped piece or sheet for 2-8 h at a temperature lower than a glass temperature of the material, and carrying out a normalizing treatment; step 4, in an autoclave, introducing N2 and water vapor in an autoclave body, forming a polymer/gas homogenous system after a certain time, breaking an equilibrium state of the polymer/gas homogenous system in the material by using a heating/depressurization method, forming a bubble nuclei in the material and growing and shaping the bubble nuclei; and step 5, carrying out compression molding on the TPU small foam material obtained in step 4.
Hayashi et al. (US 2021/0095091) teaches expanded thermoplastic elastomer beads comprising a thermoplastic urethane-based elastomer as a base material (abstract). The expanded TPU beads are produced by dispersing TPU (thermoplastic polyurethane) particles in a dispersing medium in a closed vessel, such as an autoclave (¶65-66), and impregnating a blowing agent into the particles under heating, followed by releasing of the particles having the blowing agent impregnated therein from the closed vessel. The pressure to which the particles are released are lower than the pressure within the closed vessel under a temperature condition suitable for expansion. The TPU used for the beads is produced by reacting polyisocyanate, a polyol, and a chain extender (¶21). The TPU beads are dispersed in a dispersing medium, the dispersing medium of which can include talc (¶67). Nitrogen is an example of blowing agent for use in the invention of Hayashi. See ¶69.
In an example of Hayashi et al., the TPU beads are produced by combining raw materials including a cell controlling agent into a twin-screw extruder to obtain a melt. The melt is extruded from small holes of a die to produce the particles. See ¶92. The particles are placed in a dispersion medium in an autoclave and a blowing agent is fed under pressure into the autoclave until an impregnation pressure is reached. The particles are impregnated with the blowing agent for a given amount of time under pressure. The pressure is released, causing the blowing agent to expand the particles, which necessarily results in bubble nuclei (i.e. foam cells) being produced. See ¶103. The resulting expanded beads are charged into a closed vessel and pressurized, followed by release of the pressure. See ¶104. The expanded beads are filled into a mold cavity until a given molding pressure is reached to cause the beads to bond with each other. After fusing the beads by expansion to fill the mold cavity, forming a molded article, which is cooled and then removed from the mold. See ¶112.
Hayashi et al. fail to teach carrying out an injection molding or extrusion process on the product obtained in step 1 at a temperature higher than a glass softening point and lower than the melting point to obtain a special-shaped thermoplastic elastomer piece or sheet; step 3, reheating the special-shaped piece or sheet obtained in step 2 to a temperature higher than the glass softening point of the material, baking the special-shaped piece or sheet for 2-8 h at a temperature lower than a glass temperature of the material, and carrying out a normalizing treatment; step 4, in an autoclave, introducing N2 and water vapor in an autoclave body, forming a polymer/gas homogenous system after a certain time, breaking an equilibrium state of the polymer/gas homogenous system in the material by using a heating/depressurization method, forming a bubble nuclei in the material and growing and shaping the bubble nuclei; and step 5, carrying out compression molding on the TPU small foam material obtained in step 4.
Prissok et al. (WO2022/162048) teach a foamed granulate and molded parts made therefrom (see page 2, paragraph 7 of the attached translation). The foamed particles are produced from a composition comprising a thermoplastic elastomer (page 2, paragraph 7). Examples of thermoplastic elastomer include thermoplastic polyurethane produced by reacting an isocyanate and a polyol with a chain extender (page 5, second to last paragraph of the attached translation). Granulates are produced from the thermoplastic elastomer composition via, for example, extrusion (see page 10, fifth paragraph of the attached translation). The granulates are foamed by impregnating the composition with a blowing agent under pressure, and expanding the composition by a pressure drop. See page 10, Additives can be incorporated into the composition using an extruder including a twin-screw extruder (page 10, second to last paragraph of the attached translation). Examples of additive include talc (see page 14, fourth full paragraph). Examples of blowing agent include nitrogen (page 13, first full paragraph). The foamed granulates are welded together in a mold under the influence of heat to produce a molded body (see the paragraph bridging pages 14-15).
Prissok et al. fail to teach carrying out an injection molding or extrusion process on the product obtained in step 1 at a temperature higher than a glass softening point and lower than the melting point to obtain a special-shaped thermoplastic elastomer piece or sheet; step 3, reheating the special-shaped piece or sheet obtained in step 2 to a temperature higher than the glass softening point of the material, baking the special-shaped piece or sheet for 2-8 h at a temperature lower than a glass temperature of the material, and carrying out a normalizing treatment; step 4, in an autoclave, introducing N2 and water vapor in an autoclave body, forming a polymer/gas homogenous system after a certain time, breaking an equilibrium state of the polymer/gas homogenous system in the material by using a heating/depressurization method, forming a bubble nuclei in the material and growing and shaping the bubble nuclei; and step 5, carrying out compression molding on the TPU small foam material obtained in step 4.
Conclusion
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/K. BOYLE/Primary Examiner, Art Unit 1766