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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-5) in the reply filed on 12/26/2025 is acknowledged.
Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/26/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
Claim 1 should be corrected to “the EVA recycled pellets” (line 3).
Claim 3 should be corrected to “while inspecting the final plastic foam products” (lines 3-4).
Appropriate correction is required.
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 1-5 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 1 recites the limitation “a high viscosity state” in line 8. The term “high viscosity” in claim 1 is a relative term which renders the claim indefinite. The term “high viscosity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, the limitation would be interpreted as “a viscous state.”
Claim 1 recites the limitation “the mixed and dispersed EVA foam compound and EVA recycled pellets” in lines 15-16. It is unclear whether the limitation means (1) the same as “primarily mixed and dispersed EVA foam compound and EVA recycled pellets” (claim 1 lines 7-8), (2) the same as “secondarily mixed and dispersed EVA foam compound and EVA recycled pellets” (claim 1 lines 11-12), or (3) both. For the purpose examination, either of these interpretations would read on the claim.
Claims 2-5 are rejected under 35 U.S.C. 112(b) as being dependent from claim 1.
Claim 4 recites the limitation “a processing temperature condition” in lines 11-12. There is ambiguous antecedent basis for this limitation in the claim. It is unclear whether the limitation includes “a set processing temperature condition” (claim 1 lines 9-10) or not. For the purpose of examination, either of these interpretations would read on the claim.
Claim 5 recites the limitation “recycled scraps” in line 6. There is ambiguous antecedent basis for this limitation in the claim. It is unclear whether the limitation means (1) the same as “EVA recycled pellets” (claim 1 lines 2, 3, respectively), or (2) another new recycled scraps. For the purpose of examination, either of these interpretations would read on the claim.
Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 103
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chae (KR 102185829 B1) in view of Wu (US 20100237527 A1).
Regarding claim 1, Chae teaches a method of manufacturing a plastic foam product added with EVA recycled pellets (abstract, [0001, 0008-0009], figs. 1-2), the method comprising:
forming EVA recycled pellets by crushing EVA foam waste by a crushing device ([0046-0047]: waster material 110 is crushed by a crusher 22 into powder form; fig. 2);
preparing an EVA foam compound from an EVA raw material ([0050, 0057-0058]: new EVA foam material from a new EVA foam storage tank 33 is supplied to a tank 52 via the second line 23; figs. 2, 6);
adding the EVA recycled pellets to the EVA foam compound ([0050, 0057-0058]: new EVA foam material from a new EVA foam storage tank 33 is supplied to a tank 52 via the second line 23; figs. 2, 6);
[primarily mixing and dispersing the EVA foam compound and the EVA recycled pellets in a high viscosity state at a set rotation speed by a kneader under a set processing temperature condition;
secondarily mixing and dispersing the primarily mixed and dispersed EVA foam compound and EVA recycled pellets while inputting the primarily mixed and dispersed EVA foam compound and EVA recycled pellets into a roll mill]; and
forming a final plastic foam product by injecting the mixed and dispersed EVA foam compound and EVA recycled pellets in a molten state into a foam mold to form a semi-finished plastic foam product and then inputting the semi-finished plastic foam product into a press mold and press-molding the semi-finished plastic foam product ([0041]: midsole molding device 40 including a foaming line 51, a midsole mold, a forming device, a heating and cooling device, and a mold press device; [0060]; figs. 2, 7; here, the recited steps are implied by the midsole molding device 40 as the molding device 40 includes all required elements).
Chae also teaches that the EVA foam compound and the EVA recycled pellets are mixed and dispersed in a tank by a mixing device ([0064]: the recycled raw material 120 and the new EVA foam 200 in the temporary tank 52 are evenly mixed by a mixing device), but still does not specifically teach the bracketed limitation(s) as presented above, i.e., “primarily mixing and dispersing the EVA foam compound and the EVA recycled pellets in a high viscosity state at a set rotation speed by a kneader under a set processing temperature condition” and “secondarily mixing and dispersing the primarily mixed and dispersed EVA foam compound and EVA recycled pellets while inputting the primarily mixed and dispersed EVA foam compound and EVA recycled pellets into a roll mill.”
Wu teaches a method for producing a bio-based polymeric shoe component by preparing a blend of composition comprising an EVA copolymer and recycled EVA copolymer granules (abstract, [0039-0040], fig. 1). The method comprises the composition pre-mixed and then further mixed in a kneader mixer for about 10 to 15 minutes to a completely melt homogeneous blend, and the blend was then formed into a foamable product in the form of sheets through a twin-roller ([0039]).
In the same field of endeavor of producing an EVA foam product (Chae: [0001]; Wu: abstract, [0039]), it would have been obvious to one of ordinary skill in the art at the time of filing invention to modify the mixing method of Chae with another known mixing method of using a kneader and a twin-roll-mill in the order as taught Wu in order to obtain known results or a reasonable expectation of successful results of forming a homogeneously blended/compounded foaming composition into a form suitable for further processing. Upon the modification, it is implied or at least obvious that the mixing and dispersing by a kneader is performed at a set of rotation speed under a set processing temperature condition.
Regarding claim 2, modified Chae teaches the method of claim 1, wherein the final plastic foam product is a shoe sole, and the EVA foam waste includes shoe molding waste generated in a shoe manufacturing process (Chae: [0016-0017, 0060]: the recycled raw materials and the new EVA foam are used for making a midsole). Here, although modified Chae does not specifically disclose that the EVA foam waste includes used shoe waste discarded after use of finished shoe products, but it would have been obvious to one of the ordinary skill in the art at the time of filing invention to modify the recycling waste material of a midsole to include not only a midsole material discarded and generated during molding and shaping processes but also a midsole product after use as the latter midsole comprises the same material as the former midsole, and the latter one would be recycled by the same preprocessing device 10 (Chae: derived from [0034-0045]).
Regarding claim 3, modified Chae teaches the method of claim 2, further comprising: after the forming of the final plastic foam product, collecting a defective product while inspecting plastic foam products; and inputting the collected defective product into the crushing device by using the collected defective product as the EVA foam waste (Chae: [0032]: the waste member 100 will be understood as a concept including the midsole, which is discarded in cases such as when it is judged to be defective as described above, and the joint material, which is produced together with the midsole and is discarded during molding).
Regarding claim 4, modified Chae method of claim 1, wherein the forming of the EVA recycled pellets is performed by forming EVA recycled pellets having a diameter of 3 to 6 mm by the crushing device (Chae: [0046]: the waste material crushing device 20 is a configuration that performs the function of receiving waste material 110, crushing it into powder form; Here, although modified Chae does not specifically disclose the diameter of the crushed powder, the relative dimensions would not perform differently than the prior art; See MPEP 2144.04 (In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device), the adding of the EVA recycled pellets to the EVA foam compound is performed by adding 15 to 25 wt % of the EVA recycled pellets to 75 to 85 wt % of the EVA foam compound (Chae: [0018]: the first line, in which recycled raw materials are supplied, and the second line, in which new EVA foam is supplied, are controlled according to the preset input amount and weight ratio, so that recycled raw materials and new EVA foam are automatically supplied according to the weight mixing ratio required for midsole production; fig. 7; here, although modified Chae does not specifically disclose the respective ratios of the recycled raw material and the new EVA foam material, it would have been obvious to one of ordinary skill in the art, through routine optimization and experiment, to modify the respective ratios so as to derive an optimum ratio of the recycled and the new materials for making a midsole having a desired property such as cushioning, durability and mechanical strength while balancing cost reduction), and the primarily mixing and dispersing of the EVA foam compound and the EVA recycled pellets and the secondarily mixing and dispersing of the EVA foam compound and the EVA recycled pellets are performed by mixing and dispersing the EVA foam compound and the EVA recycled pellets under a processing temperature condition of 85° C. to 95° C. (Wu: [0039]: when the temperature in the mixer increased to about 110° C., the mixing operation already went on for 6 to 15 minutes, and a completely melt homogeneous blend resulted, and the blend was then formed into a foamable product in the form of sheets through a twin-roller; here, although modified Chae does not specifically disclose the recited temperature range, it would have been obvious to one of ordinary skill in the art at the time of filing invention to modify the processing temperature, through routine optimization and experiment, to an optimum processing temperature range in order to ensure proper melting/softening and uniform dispersion of raw materials (i.e., at least higher than the melting/softening temperature of EVA copolymer) without prematurely activating blowing agents of crosslinking agents (i.e., at least lower than the activating/crosslinking temperature of added agents) that are included therein to form a foam product until the final forming stage).
Regarding claim 5, modified Chae method of claim 1, further comprising: after the adding of the EVA recycled pellets to the EVA foam compound and before the primarily mixing and dispersing of the EVA foam compound and the EVA recycled pellets, adding additives for improving compatibility, improving dispersibility of recycled scraps, and uniformizing physical properties to a mixture of the EVA foam compound and the EVA recycled pellets (Chae: [0030]: various additives added to enhance strength, hardness, and color; [0048]: additives included in the recycled EVA raw material so that the pulverized waste material in powder form has properties similar to those of the new EVA raw material; here, by preparing the recycled material with additives, having similar properties as the new EVA raw material, the recited properties (i.e., improving compatibility, dispersibility of the recycled scraps, and uniformizing physical properties to a mixture) are implied or at least obvious to one of ordinary skill in the art).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lu (WO 2023134171 A1) teaches a method of making a foaming material based on EVA waste materials (abstract).
Wu (US 20050029697 A1) teaches a method of manufacturing foam from thermoplastic elastomeric material similar to EVA foam material (abstract, [0002, 0012], fig. 1).
Park (US 20040261297 A1) teaches a method for manufacturing shoe components using EVA copolymer of film shape (abstract, [0127], figs. 1, 2).
Ou (US 5,177,824 A) teaches a method of making EVA shoe midsole (abstract, figs. 10-11).
Farris (US 20190366590 A1) teaches methods and devices for forming footwear using scrap or waste plastic materials (abstract, [0028], fig. 4).
Yang (US 6,129,798 A) teaches a process for manufacturing an EVA insole (abstract, fig. 1).
Spencer (US 20120233883 A1) teaches forming of a shoe article from shoe fabrication scrap (abstract, figs. 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INJA SONG whose telephone number is (571)270-1605. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM.
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/INJA SONG/Examiner, Art Unit 1744