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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawaguchi et al.(2009/0148698).
Kawaguchi et al. discloses a masterbatch for foam molding comprising a polyethylene resin and thermally expandable microcapsules, combined in amounts to any degree required by the claims [note: claim 6], with the foam molded article obtained from the masterbatch showing uniform and closed cells in the cross section {see paras [0144] - [0147], [0156] - [0158]; Examples and Tables}. Though the products of Kawaguchi et al. do not require and/or express the porosity to interfacial area ratios as expressed by applicants’ claims, owing to the closeness of the material make-ups, formation of masterbatches with good effects including closed and unbroken cells, and their employment in closely related foam molding application, it is held that they inherently possess the capabilities/intended effects as expressed by applicants’ claims.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawaguchi et al.(2014/0288199).
Kawaguchi et al. discloses a masterbatch for foam molding comprising a polyethylene resin and thermally expandable microcapsules, combined in amounts to any degree required by the claims [note: claim 6], with the foam molded article obtained from the masterbatch showing uniform and closed cells in the cross section {see paras [0098] - [0101], [0109];]; Examples and Tables}. Though the products of Kawaguchi et al. do not require and/or express the porosity to interfacial area ratios as expressed by applicants’ claims, owing to the closeness of the material make-ups, formation of masterbatches with good effects including closed and unbroken cells, and their employment in closely related foam molding application, it is held that they inherently possess the capabilities/intended effects as expressed by applicants’ claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hyogo et al. is cited for its relevant disclosure of microspheres and their employment in forming molded articles.
Conclusion
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/JOHN M COONEY/ Primary Examiner, Art Unit 1765
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