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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive.
Applicant notes a typographical error in the previous rejection in which Kang cited in several instances instead of Kim. These citations should refer to Kim as described in the heading and have been corrected herein. Applicant further argues that Kim does not describe the claimed amendments because Kim refers to measuring pressure in the extruder as opposed to the newly added claim limitations wherein the measuring step is when a resin mixture is measured. Examiner agrees that at [0047], Kim is describing a step of measuring pressure rather than resin, however, Kim [0029] describes a plasticizing step and opening the valve during the plasticizing step which meets the amended claim limitations.
With respect to claim 4, Applicant argues that Kim does not describe keeping the valve open during the measuring step wherein the measuring step has been amended to include a process of beginning to melt resin and generating a resin mixture. As with claim 1, a different portion of Kim is cited which describes opening the valve at the start of plasticization and keeping the valve open until the proper dose of gas (until the desired amount of the mixture) is delivered. Examiner does agree that given the amended description of what the measuring step includes and when the valve is opened, Kim does not describe opening the valve prior to the measuring step. Another reference, Clarke, is cited to teach this limitation.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2004/0080065.)
Regarding claim 1, Kim meets the claimed, An injection molding machine for foam molding, comprising: a heating cylinder having a gas injection port; (Kim [0028] describes an extruder 12 having a heated barrel 36 with a blowing agent port 24) a screw which is drivable in the heating cylinder; (Kim [0028] describes a movable screw 34) a gas supply device configured to supply a gas to the gas injection port, the gas supply device comprising a gas cylinder; (Kim [0026] describes a gas source 22 or pressure tank 83) a primary gas pipe coupled to the gas cylinder (Kim [0026] describes conduit 26, see a portion of the conduit 26 after the source 22 but before the regulator 81 on Figure 1) a pressure reducing valve coupled to the primary gas pipe; (Kim [0026] describes pressuring reducing regulator 81) a secondary gas pipe coupled to the pressure reducing valve and to which the gas is supplied from the primary gas pipe with a pressure reduced by the pressure reducing valve; (Kim Figure 1 shows another portion of conduit 26 after the pressure regulator 81) and a valve mechanism provided in a valve mechanism provided in the secondary gas pipe; (Kim [0029] describes an outlet valve 30 which is opened to provide gas to the barrel 36) and a control device configured to control the valve mechanism to: open the valve in a measuring step in which a predetermined amount of a resin mixture is generated; (Kim [0029] describes opening the valve 30 at the start of plasticization, [0031] describes the plasticization continues until the desired shot is formed.)
The embodiment in Kim [0045] does not describe, close the valve when a specified delay time elapses after the completion of the measuring step however, the embodiments in Kim [0047]-[0048] meets the claimed, close the valve when a specified delay time elapses after the completion of the measuring step (Kim [0047]-[0048] describes closing the valve after a specified time period or after the completion of the measuring of the gas to ensure that the proper dose has been delivered.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the embodiment of Kim discussing opening the valve with the embodiment discussing closing the valve after a time period in order to ensure that the proper dose is added, see Kim [0047]-[0048].
Regarding claim 2, Kim meets the claimed, The injection molding machine for foam molding according to claim 1, wherein the valve mechanism comprises an on-off valve or an injection valve (Kim [0066] describes the valve 30 is a valve that permits flow in one position and prevents flow in another position such as a solenoid valve, what is described in [0066] is an on-off valve.)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2004/0080065) modified by Clarke (US 6,287,494.)
Regarding claim 4, Kim meets the claimed, An injection molding machine for foam molding, comprising: a heating cylinder having a gas injection port; (Kim [0028] describes an extruder 12 having a heated barrel 36 with a blowing agent port 24) a screw which is drivable in the heating cylinder; (Kim [0028] describes a movable screw 34) a gas supply device configured to supply a gas to the gas injection port, the gas supply device comprising a valve mechanism in a gas flow path; (Kim [0029] describes an outlet valve 30 which is opened to provide gas to the barrel 36) and a control device configured to control the valve mechanism to: close the valve mechanism at least once in a molding cycle; (Kim [0029] describes the outlet valve is also closed) and keep the valve mechanism open at least in a measuring step in which the screw is driven to begin a process of melting resin and a predetermined amount of resin mixture is generated in the heating cylinder, (Kim [0029]-[0030] describe the valve 30 is controlled such that it is opened at the start of plasticization and kept open until the dose is introduced, i.e., until the mixture is produced.)
Kim does not describe opening the valve earlier than a start of the measuring step when the measuring step includes the beginning of the melting process and does not meet the claimed, wherein the control device is configured to open the valve mechanism earlier than start of the measuring step by a specified preceding time.
Analogous in the field of injection molding, Clarke also describes introducing gas into the cylinder of an injection molding machine and meets the claimed, wherein the control device is configured to open the valve mechanism earlier than start of the measuring step by a specified preceding time (Clarke col. 6 lines 9-18 describe gas control valve 28 and poppet valve 25, which are controlled by a control system 7, are opened and introduce gas into the cylinder prior to the screw retracting to being plasticization. The specified time being by the time decompression occurs.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the opening of the valve during the plasticizing process as described in Kim with the step of opening the valve prior to the start of plasticization as described in Clarke in order to provide pressure from the gas to help push the screw backwards, see Clarke, col. 6 lines 16-18.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kim as applied to claim 1 above, and further in view of Kang (KR20120061141A, see English translation provided.)
Regarding claim 5, Kim does not explicitly describe if the valve is open or shut during injection and does not meet the claimed, The injection molding machine for foam molding according to claim 1, wherein the control device is configured to open the valve mechanism at a timing of an injecting step.
Analogous in the field of foam molding, Kang also discloses a molding apparatus with a valve that injects a blowing agent and meets the claimed, The injection molding machine for foam molding according to claim 1, wherein the control device is configured to open the valve mechanism at a timing of an injecting step (Kang [0029]-[0031] describes opening a valve to allow the foaming agent to mix with the molten resin material as it is injected into the mold.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the apparatus of Kim with the apparatus of Kang which opens the foaming agent control valve during injection in order to create a part of uniform quality, see Kang [0032].
Conclusion
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744