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 .
Response to Amendment
In view of the amendment, filed on February 10th, 2026, the following are withdrawn from the previous office action, mailed on November 10th, 2025.
Rejections of claims 1-3, 5, 7, 10 and 11 under 35 U.S.C. 102(a)(1)/(a)(2) are withdrawn in view of the amendments
Rejections of claims 4, 6 and 12 under 35 U.S.C. 103 are withdrawn in view of the amendments
Response to Arguments
Applicant’s arguments in view of the amendments, see remarks filed February 10th, 2026, with respect to the rejection(s) of claim(s) 1-3, 5, 7, 10 and 11 under 35 U.S.C. 102(a)(1)/(a)(2) 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 Therefore, the rejection has been withdrawn.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 Chen et al. (CN 112476929 A).
Applicant argues Wawrousek and Chen, alone or in combination, fail to teach or suggest a preform that includes a preliminary lattice structure. Examiner respectfully disagrees. Wawrousek discloses the 3D printed part and the preform thereof includes a lattice structure ([0225]).
Applicant argues Wawrousek and Chen, alone or in combination, fail to teach or suggest that the preform is heated at atmospheric pressure to be at or above a glass transition temperature of a thermoplastic material to cause nucleation of the supercritical fluid within the preform and expand the preform. Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See MPEP 2145 (IV). The rejection of claim 13 is based on a combination of Wawrousek and Chen, wherein Chen teaches heating the preform to be at or above a glass transition temperature of the base material ([0016-0017]; heating to temperature T1, wherein Tm-40℃≤T1≤Tm-5℃; in the example wherein the material is thermoplastic polyurethane, Tm is 185-220⁰C and Tg is around -30⁰C) with maintaining at atmospheric pressure ([0016]; reduce the pressure to atmospheric pressure). The heating causes nucleation of the supercritical fluid within the preform ([0016-0017]; while maintaining the temperature T1, the bubbles in the material nucleate and expand). Chen recites in [0039], “While maintaining the temperature of the first reactor, reduce the pressure to atmospheric pressure to allow the bubbles in the material to nucleate and expand slightly, thereby obtaining a foamed material containing a saturated inert gas as a foaming agent.” As such, Chen teaches heating the preform at atmospheric pressure to be at or above a glass transition temperature of the thermoplastic material as required by the claim.
Applicant’s amendments to the claims necessitate a new ground of rejection provided below.
New Grounds of Rejection
Claim Objections
Claims 12 and 16 are objected to because of the following informalities:
Claim 12, line 1, “The method of claim 1 further comprising…” should say “The method of claim 1, further comprising…”.
Claim 16, line 1, “The method of claim 13 further comprising…” should say “The method of claim 13, further comprising…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5, 7, 8, 10, 11, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wawrousek et al. (US 20140182170 A1; hereafter Wawrousek), in view of Chen et al. (CN 112476929 A; hereafter Chen; paragraph numbers correspond to previously attached English machine translation).
Regarding claim 1, Wawrousek discloses a method of manufacturing a foam component ([0283]; a part can be formed through additive manufacturing that includes a blowing agent designed to foam and expand), the method comprising:
printing a preform ([0283]; additive manufacturing a part) from a pre-saturated mixture ([0283]; blowing agent is added to manufacturing material before additive manufacturing with said mixture to form the part) that includes a base material ([0275, 0283]; manufacturing material) and a foaming agent ([0283]; blowing agent);
and foaming the preform to form the foam component ([0283]; foaming of the parts by activation of the blowing agent).
Wawrousek does not explicitly disclose foaming the preform at atmospheric pressure.
However, in the analogous art Chen teaches a method of foaming a preform ([0015-0016]; foaming a material comprising a thermoplastic elastomer material and an inert gas penetrated into) formed from a pre-saturated single phase solution ([0016]; the gas reaches saturation in the material, such that a single phase mixture would be formed) of a thermoplastic material ([0015]; thermoplastic elastomer material) and a supercritical fluid ([0014-0016]; the inert gas is a supercritical fluid foaming agent) comprising heating the preform to be at or above a glass transition temperature of the base material ([0016-0017]; heating to temperature T1, wherein Tm-40℃≤T1≤Tm-5℃; in the example wherein the material is thermoplastic polyurethane, Tm is 185-220⁰C and Tg is around -30⁰C) with maintaining at atmospheric pressure ([0016]; reduce the pressure to atmospheric pressure). The heating causes nucleation of the supercritical fluid within the preform ([0016-0017]; while maintaining the temperature T1, the bubbles in the material nucleate and expand).
Wawrousek and Chen are both considered to be analogous to the claimed invention because they are in the field of foaming a preform formed from a pre-saturated solution of a thermoplastic material and a physical foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Wawrousek with the teachings of Chen to provide foaming the preform at atmospheric pressure. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a prima facie obviousness determination. See MPEP 2143 I(D). Doing so would avoid heat waste and improve the foaming performance (Chen [0013]).
Regarding claim 2, modified Wawrousek discloses the method of claim 1, wherein Wawrousek further discloses the preform includes a preliminary lattice structure ([0225]; part can be a midsole formed as a lattice structure) that corresponds with a final lattice structure of the foam component ([0283]; part, which can be the midsole formed as a lattice structure, is expanded to the desired size).
Regarding claim 3, modified Wawrousek discloses the method of claim 1, wherein Wawrousek further discloses the base material is a thermoplastic material ([0275, 0283]; manufacturing material may be thermoplastic polyurethane (TPU)) and the foaming agent is at least one of a chemical foaming agent ([0282]; the part may be formed from a material that chemically reacts with another material upon exposure thereto to foam) and a physical foaming agent ([0283]; blowing agent such as carbon dioxide or nitrogen).
Regarding claim 5, modified Wawrousek discloses the method of claim 3, wherein Wawrousek further discloses the pre-saturated mixture is a powder ([0279, 0283]; manufacturing material may be in powder form).
Regarding claim 7, modified Wawrousek discloses the method of claim 1, wherein Wawrousek further discloses the preform is printed based on a scaled model of the foam component ([0283]; forming of objects through additive manufacturing techniques in a reduced size that allows for greatly reduced volume requirements during manufacturing, with the parts thereafter expanded to their desired size through activation of the blowing agent).
Regarding claim 8, modified Wawrousek discloses the method of claim 1.
While modified Wawrousek discloses foaming the preform includes heating the preform ([0283]; expand the part upon exposure to controlled heat and pressure), Wawrousek does not explicitly disclose the heating to be at or above a glass transition temperature of the base material.
However, Chen teaches a method of foaming a preform ([0015-0016]; foaming a material comprising a thermoplastic elastomer material and an inert gas penetrated into) formed from a pre-saturated single phase mixture ([0016]; the gas reaches saturation in the material, such that a single phase mixture would be formed) of a base material ([0015]; thermoplastic elastomer material) and a foaming agent ([0016]; inert gas is a foaming agent) comprising heating the preform to be at or above a glass transition temperature of the base material ([0016-0017]; heating to temperature T1, wherein Tm-40℃≤T1≤Tm-5℃; in the example wherein the material is thermoplastic polyurethane, Tm is 185-220⁰C and Tg is around -30⁰C) with maintaining at atmospheric pressure ([0016]; reduce the pressure to atmospheric pressure).
Wawrousek and Chen are both considered to be analogous to the claimed invention because they are in the field of foaming a preform formed from a pre-saturated mixture of a base material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Wawrousek with the teachings of Chen to provide the heating to be at or above a glass transition temperature of the base material. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a prima facie obviousness determination. See MPEP 2143 I(D). Doing so would avoid heat waste and improve the foaming performance (Chen [0013]).
Regarding claim 10, modified Wawrousek discloses the method of claim 1, wherein Wawrousek further discloses the foam component is a midsole ([0163]; midsole) for an article of footwear ([0163]; shoe).
Regarding claim 11, modified Wawrousek discloses the method of claim 1, wherein Wawrousek further discloses securing a secondary component to the foam component ([0163, 0236]; the formed foamed footwear element may be attached to the sole of a shoe at a specific region for example).
Regarding claim 13, modified Wawrousek discloses a method of manufacturing a sole structure ([0163]; midsole) for an article of footwear ([0163]; shoe), the method comprising:
printing a preform ([0283]; additive manufacturing a part) using a mixed solution ([0283]; blowing agent is added to manufacturing material before additive manufacturing with said mixture to form the part) of a thermoplastic material ([0275, 0283]; manufacturing material may be thermoplastic polyurethane (TPU)) and a physical foaming agent ([0283]; physical foaming agent), the preform including a preliminary lattice structure ([0225]; part can be a midsole formed as a lattice structure);
and heating the preform to expand the preform ([0283]; expand the part upon exposure to controlled heat and pressure) to form a midsole ([0163]; midsole) having a final lattice structure made of foamed material, which corresponds with the preliminary lattice structure ([0283]; part, which can be the midsole formed as a lattice structure, is expanded to the desired size).
Wawrousek does not explicitly disclose the solution is single-phase, the physical foaming agent is a supercritical fluid and the heating is at atmospheric pressure and at or above a glass transition temperature of the thermoplastic material to cause nucleation of the supercritical fluid within the preform.
However, Chen teaches a method of foaming a preform ([0015-0016]; foaming a material comprising a thermoplastic elastomer material and an inert gas penetrated into) formed from a pre-saturated single phase solution ([0016]; the gas reaches saturation in the material, such that a single phase mixture would be formed) of a thermoplastic material ([0015]; thermoplastic elastomer material) and a supercritical fluid ([0014-0016]; the inert gas is a supercritical fluid foaming agent) comprising heating the preform to be at or above a glass transition temperature of the base material ([0016-0017]; heating to temperature T1, wherein Tm-40℃≤T1≤Tm-5℃; in the example wherein the material is thermoplastic polyurethane, Tm is 185-220⁰C and Tg is around -30⁰C) with maintaining at atmospheric pressure ([0016]; reduce the pressure to atmospheric pressure). The heating causes nucleation of the supercritical fluid within the preform ([0016-0017]; while maintaining the temperature T1, the bubbles in the material nucleate and expand). Chen recites in [0039], “While maintaining the temperature of the first reactor, reduce the pressure to atmospheric pressure to allow the bubbles in the material to nucleate and expand slightly, thereby obtaining a foamed material containing a saturated inert gas as a foaming agent.”
Wawrousek and Chen are both considered to be analogous to the claimed invention because they are in the field of foaming a preform formed from a pre-saturated solution of a thermoplastic material and a physical foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Wawrousek with the teachings of Chen to provide the solution is single-phase, the physical foaming agent is a supercritical fluid and the heating is at atmospheric pressure and at or above a glass transition temperature of the thermoplastic material to cause nucleation of the supercritical fluid within the preform. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a prima facie obviousness determination. See MPEP 2143 I(D). Doing so would avoid heat waste and improve the foaming performance (Chen [0013]).
Regarding claim 15, modified Wawrousek discloses the method of claim 13, wherein Wawrousek discloses the thermoplastic material includes thermoplastic polyurethane ([0275, 0283]; manufacturing material may be thermoplastic polyurethane (TPU)) and Chen further teaches the thermoplastic material includes thermoplastic polyurethane ([0028]; thermoplastic elastomer may be TPU) and the supercritical fluid includes nitrogen ([0025]; supercritical inert gas can be nitrogen).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wawrousek et al. (US 20140182170 A1; hereafter Wawrousek), in view of Chen et al. (CN 112476929 A; hereafter Chen; paragraph numbers correspond to previously attached English machine translation) as applied to claim 3, and further in view of Xiong et al. (CN 110193931 A; hereafter Xiong; paragraph numbers correspond to previously attached English machine translation).
Regarding claim 4, modified Wawrousek discloses the method of claim 3, wherein Wawrousek further discloses the physical foaming agent includes at least one of nitrogen ([0283]; physical blowing agent may be nitrogen) or carbon-dioxide ([0283]; physical blowing agent may be carbon-dioxide).
Wawrousek does not explicitly disclose the nitrogen or carbon-dioxide physical foaming agent is a supercritical fluid and the pre-saturated mixture is a single-phase solution.
However, Xiong teaches a method of additive manufacturing a part ([0008]; 3D printing foam shoe midsoles) from a pre-saturated mixture ([0010]; saturated 3D printing material) of a thermoplastic material ([0016]; thermoplastic polyurethane) and a physical foaming agent ([0033]; physical foaming agent) of a supercritical fluid ([0032-0033]) including at least one of nitrogen ([0033]; supercritical fluid may be nitrogen) or carbon-dioxide ([0033]; supercritical fluid may be carbon-dioxide) and the pre-saturated mixture is a single-phase solution ([0030]; the supercritical fluid penetrates into the interior of the elastomer raw material to form a polymer/gas homogeneous system).
Wawrousek and Xiong are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing parts from a pre-saturated mixture of thermoplastic material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Xiong to provide the nitrogen or carbon-dioxide physical foaming agent is a supercritical fluid and the pre-saturated mixture is a single-phase solution. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Doing so would allow the foam component to be manufactured in a short time with high efficiency (Xiong [0026]).
Claims 6, 12, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wawrousek et al. (US 20140182170 A1; hereafter Wawrousek), in view of Chen et al. (CN 112476929 A; hereafter Chen; paragraph numbers correspond to previously attached English machine translation) as applied to claims 1 and 13, and further in view of Busbee (US 20190037960 A1).
Regarding claim 6, modified Wawrousek discloses the method of claim 1.
While Wawrousek discloses the preform can be printed using one or more additive manufacturing technique and provides not limiting examples of selective laser sintering, fused deposition modeling, stereolithography laminated object manufacturing, or inkjet-based additive manufacturing ([0014]), Wawrousek does not explicitly state the preform is printed using a digital light printer.
However, Busbee teaches a method of additive manufacturing a foamable part ([0049]; 3D printing article that can be formed into a foam) using a pre-saturated mixture ([0227]; foam precursor can be mixed with the blowing agent before printing the part) that includes a base material ([0227]; foam precursor) and a foaming agent ([0227]; blowing agent), wherein the part may be printed using a digital light printer ([0138]; part may be printed using DLP (Digital Light Projection)).
Wawrousek and Busbee are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing foamable parts from a pre-saturated mixture of a base material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Busbee to provide the preform is printed using a digital light printer. Forming 3D parts by digital light projection is a well-known technique for additive manufacturing and therefore it would have been obvious to one of ordinary skill in the art to select it as the technique for forming the preform due to the art recognized suitability for the intended purpose of forming foam midsoles (Busbee [0051]).
Regarding claim 12, modified Wawrousek discloses the method of claim 1.
Modified Wawrousek does not explicitly disclose at least one of curing the preform and removing a support structure from the preform.
However, Busbee teaches a method of additive manufacturing a foamable part ([0049]; 3D printing article that can be formed into a foam) using a pre-saturated mixture ([0227]; foam precursor can be mixed with the blowing agent before printing the part) that includes a base material ([0227]; foam precursor) and a foaming agent ([0227]; blowing agent), wherein the part may be cured ([0135]; light curing).
Wawrousek and Busbee are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing foamable parts from a pre-saturated mixture of a base material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Busbee to provide curing the preform. Doing so would improve control over the mechanical properties of the materials and result in higher throughput of the additive manufacturing (Busbee [0135]).
Regarding claim 14, modified Wawrousek discloses the method of claim 13.
Modified Wawrousek does not explicitly disclose securing at least one of an upper and an outsole to the midsole.
However, Busbee teaches a method of additive manufacturing a foamable midsole ([0049, 0051]; 3D printing midsole that can be formed into a foam) using a pre-saturated mixture ([0227]; foam precursor can be mixed with the blowing agent before printing the part) that includes a thermoplastic material ([0216, 0227]; foam precursor may be thermoplastic polyurethane) and a foaming agent ([0227]; blowing agent), wherein the midsole is secured to an upper ([0067]).
Wawrousek and Busbee are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing foamable midsole from a pre-saturated mixture of a thermoplastic material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Busbee to provide securing an upper to the midsole. Doing so would allow for footwear to be manufactured efficiently and in a cost-effective manner.
Regarding claim 16, modified Wawrousek discloses the method of claim 13.
Modified Wawrousek does not explicitly disclose at least one of removing a support structure from the preform, cleaning the preform, drying the preform, and curing the preform.
However, Busbee teaches a method of additive manufacturing a foamable midsole ([0049, 0051]; 3D printing midsole that can be formed into a foam) using a pre-saturated mixture ([0227]; foam precursor can be mixed with the blowing agent before printing the part) that includes a thermoplastic material ([0216, 0227]; foam precursor may be thermoplastic polyurethane) and a foaming agent ([0227]; blowing agent), wherein the midsole may be cured ([0135]; light curing).
Wawrousek and Busbee are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing foamable midsoles from a pre-saturated mixture of a thermoplastic material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Busbee to provide curing the preform. Doing so would improve control over the mechanical properties of the materials and result in higher throughput of the additive manufacturing (Busbee [0135]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wawrousek et al. (US 20140182170 A1; hereafter Wawrousek), in view of Chen et al. (CN 112476929 A; hereafter Chen; paragraph numbers correspond to previously attached English machine translation) as applied to claim 8, and further in view of Zhang (CN 206106202 U; hereafter Zhang; paragraph numbers correspond to previously attached English machine translation).
Regarding claim 9, modified Wawrousek discloses the method of claim 8, wherein Chen teaches heat is supplied at atmospheric pressure ([0016]; reduce the pressure to atmospheric pressure).
Modified Wawrousek does not explicitly disclose the heat is supplied by a heat tunnel.
However, Zhang teaches a method of foaming a foamable preform by applying heat supplied by a heat tunnel ([0008]; microwave heating foam body in tunnel).
Wawrousek and Chen are both considered to be analogous to the claimed invention because they are in the field of foaming a preform formed from a mixture of a base material and a foaming agent. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Wawrousek with the teachings of Zhang to provide the heat is supplied by a heat tunnel. Doing so would ensure the stability of manufacturing the foam parts and reduce the influence of the outside world (Zhang [0008]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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