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 .
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 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) 1-7, 9-12, and 17-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over FALKEN (2020/0269535-of record) and in further view of KRAUSE et al. (EP 3231836-of record).
Regarding claims 1, 10-12, 17, 23, 24, and 25, FALKEN discloses a method for manufacturing a recyclable flexible foam molded product (claim 1, [0235]) comprising:
providing a thermoplastic polymer precursor comprising at least one monomer derived from depolymerized post-consumer plastic (claim 1, [0238]);
inserting a fluid (fluid 510, Fig.5; [0244]) into a barrel (barrel 507, Fig.5, [0244]) of a molding apparatus under temperature and pressure conditions to produce a super critical fluid (super critical fluid 510, Fig.5, [0244]; claim 1);
mixing the thermoplastic polymer and the super critical fluid to create a single phase solution (claim 1, [0246]-[0248]);
injecting the single phase solution into a mold (mold 514, Fig.5; [0254]) of an injection molding machine (injection molding machine 506, Fig.5; [0255]) wherein the mold is under gas counter pressure (claim 1, [0259]-[0260]);
foaming the single phase solution by controlling heat and temperature conditions within the mold (claim 1; [0259]-[0260]), wherein foaming the single phase solution comprises:
creating a plurality of gas-containing cells in the single phase solution by causing at least a portion of the super critical fluid to come out of the single phase solution, wherein each of the gas-containing cells is surrounded by a cell wall formed from the thermoplastic polymer ([0045], [0246]-[0247]);
expanding a volume of each of the plurality of gas-containing cells (the gas bubbles grow until the thermoplastic polymer 502 fills the mold 514, and the expansion capabilities of SCF 510 are expanded, [0260]; and form an open-cell foam (Figs.4 and 6 illustrate a recyclable injection molded microcellular flexible foam 402 and a method of making the same in accordance with the present disclosure. Referring to Fig.4, the foam 402 is preferably a closed-cell foam but can also potentially be formed as an open-cell foam [0235], [0044]).
FALKEN fails to explain causing at least a portion of the cell walls to break. However, FALKEN discloses the production of an open-cell foam [0044] and KRAUSE et al. teaches a process for producing an open cell foam involves expanding a volume of the gas-containing cells to break at least a portion of the cell walls in order to create an open-cell foam [0047]. Furthermore, KRAUSE et al. discloses using ultrasound [0059] as one of the methods to break the cell wall in order to create the open-cell foam. Therefore, it would have been obvious to one of ordinary skill in the art in view of KRAUSE et al. that at least a portion of the cell walls of the foam must break in order for it to transform into an open-cell foam and an open-cell foam is disclosed by FALKEN.
Regarding claim 2, modified FALKEN discloses the thermoplastic polymer comprises at least 40% by weight of the monomer derived from depolymerized post-consumer plastic (claim 2).
Regarding claim 3, modified FALKEN discloses the thermoplastic polymer comprises at least 60% by weight of the monomer derived from depolymerized post-consumer plastic (claim 3).
Regarding claim 4, modified FALKEN discloses the thermoplastic polymer comprises 90% by weight or more of the monomer derived from depolymerized post-consumer plastic (claim 4).
Regarding claim 5, modified FALKEN discloses the monomer comprises caprolactam (claim 5, [0044], [0238]).
Regarding claim 6, modified FALKEN discloses polyamide (claim 6).
Regarding claim 7, modified FALKEN discloses caprolactam monomer (claim 7).
Regarding claim 9, modified FALKEN discloses flexible foam can be depolymerized into caprolactam (claim 9).
Regarding claim 18, modified FALKEN discloses biopolymer [0101].
Regarding claim 19, modified FALKEN discloses the claimed polymers [0101], [0075].
Regarding claim 20, modified FALKEN discloses PBAT [0101].
Regarding claim 21, modified FALKEN discloses PHA [0032].
Regarding claim 22, modified FALKEN discloses PHB [0074].
Response to Arguments
Applicant's arguments filed 03/04/2026 have been fully considered but they are not persuasive.
Applicant argues Krause does not provide any disclosure or suggestion that ultrasound or the other triggering processes could be used to rupture cell walls to form an open-cell foam without the use of chemical blowing agents.
Examiner respectfully disagrees. Krause discloses physical blowing agents can be used instead of chemical blowing agents (claim 4, [0012], [0023], and [0036]). Therefore, Krause teaches ultrasound or the other triggering processes could be used to rupture cell walls to form an open-cell foam without the use of chemical blowing agents.
Conclusion
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.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/Primary Examiner, Art Unit 1742
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