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 Group 2 and Species 1 in the reply filed on 9 February 2026 is acknowledged. Claims 1-3 and 5-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups (claims 1-3 and 6-7) or non-elected species (claim 5), there being no allowable generic or linking claim. Note that claim 1 was partially examined because it is incorporated by reference into claim 4.
The applicant did not make an election among Species 3-5 or between Species 6-7, as required by the restriction requirement of 9 December 2025. However, this restriction requirement is being withdrawn as it relates to Species 3-7 only. The examiner does not believe there is a search burden sufficient to justify restriction among Species 3-5 or between Species 6-7, as previously required.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities:
In [0024], between the description of Fig. 8 and the description of Figs. 9A-B, the following sentence appears: “It is a schematic configuration view illustrating an extrusion production apparatus for a foamed molded product according to a second embodiment of the present invention.” This sentence does not identify which figure it describes and appears to be an orphaned figure description. Clarification or deletion is required.
In [0045], “the first straight portion 31 and the second straight portion 32 are connected through the tapered surface of the tapered portion 32” should read “the first straight portion 31 and the second straight portion 33 are connected through the tapered surface of the tapered portion 32”. Reference numeral 32 designates the tapered portion, while 33 designates the second straight portion, as defined elsewhere in the same paragraph and shown in Fig. 2.
In [0087] and [0088], the term “introduction hole 202” is used (three occurrences in [0087] and one occurrence in [0088]). Throughout the remainder of the specification, this element is consistently referred to as “introduction port 202”. Each instance of “introduction hole 202” should be replaced with “introduction port 202” for consistency.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “physical foaming agent supply mechanism” in claim 4 and “introduction port opening and closing mechanism” in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The corresponding structure for the “physical foaming agent supply mechanism” is a bomb or tank 100 such as a nitrogen bomb, carbon dioxide bomb, or air bomb, connected to the introduction speed adjustment container 300 by piping 154 via a pressure reducing valve 151, a pressure gauge 152, and an open valve 153. See [0026], [0032], [0036], and [0039] and Fig. 1. The corresponding structure for the “introduction port opening and closing mechanism” is an air cylinder 251 with a piston 252 having a disk-shaped flange 252a, a piston rod 252b, packing members 252c, 252d, and a plug member 253 formed in a truncated cone shape that seals against a receiving surface 320a of the coupling member 320. See [0085]-[0088] and Fig. 9.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0329462 (“Yusa”) (cited in an IDS) in view of US 2016/0185020 (“Jeon”) (cited in an IDS) and US 2002/0065330 (“Klotzer”).
Regarding claim 4, Yusa discloses an apparatus for producing a foamed molded product (the production apparatus 1000; see Figure 2 and [0045]), the apparatus comprising:
a plasticizing cylinder having a plasticization zone in which thermoplastic resin is plasticized and melted to become molten resin, and a starvation zone in which the molten resin is brought into a starved state, the plasticizing cylinder being provided with an introduction port configured to introduce a physical foaming agent into the starvation zone (the plasticizing cylinder 210 having a plasticization zone 21 and a starvation zone 23, with an introducing port 202 for introducing the physical foaming agent into the starvation zone 23; see Figure 2 and [0046]);
an introduction speed adjustment container connected to the introduction port (the introducing speed adjusting container 300 connected to the introducing port 202; see Figure 3 and [0059]); and
a physical foaming agent supply mechanism connected to the introduction speed adjustment container, the physical foaming agent supply mechanism being configured to supply a physical foaming agent to the plasticizing cylinder via the introduction speed adjustment container (the bomb or tank 100 connected to the introducing speed adjusting container 300 and configured to supply the physical foaming agent to the plasticizing cylinder 210 via the container 300; see Figure 2 and [0045]-[0046]),
wherein a pressurized fluid including the physical foaming agent at a fixed pressure is supplied to the introduction speed adjustment container, and the pressurized fluid at the fixed pressure is introduced from the introduction speed adjustment container into the starvation zone, to maintain the starvation zone at the fixed pressure (the physical foaming agent having a fixed pressure is supplied to the introducing speed adjusting container 300 and introduced into the starvation zone 23 to retain the starvation zone 23 at the fixed pressure; see [0053] and [0055]),
wherein while the starvation zone is maintained at the fixed pressure, the molten resin in the starved state is brought into contact with the pressurized fluid including the physical foaming agent at the fixed pressure, in the starvation zone (the molten resin in the starved state and the physical foaming agent having the fixed pressure are brought in contact with each other in the starvation zone 23 while the starvation zone is retained at the fixed pressure; see [0087]), and
wherein the molten resin brought into contact with the pressurized fluid including the physical foaming agent is molded into a foamed molded product (the molten resin which has been brought in contact with the physical foaming agent is molded into the foam-molded product; see [0092]).
Yusa does not disclose that the physical foaming agent introduction filter according to claim 1 is provided in the introduction port. That is, Yusa does not disclose a filter body having a plurality of fine holes passing through the filter body in a thickness direction, wherein each fine hole includes a resin-contact-side hole opening toward one surface side and adapted to be in contact with the molten resin, and a physical foaming agent introduction hole opening toward another surface side and communicating with the resin-contact-side hole, with the resin-contact-side hole having a diameter equal to or smaller than the diameter of the physical foaming agent introduction hole, and with the resin-contact-side hole having a diameter of 10 to 80 μm.
Yusa does, however, recognize the problem of molten resin invading the introducing port. Specifically, Yusa discloses that the molten resin may invade or expand from the introducing port 202 into the introducing speed adjusting container 300, and that when the molten resin invades, the container deprives the molten resin of heat, increasing its viscosity and decreasing its fluidity (see [0064]). Yusa further notes that even when a part of the molten resin is solidified by being brought into the introducing port, the introducing port can still function because its inner diameter D1 is large (see [0057]). Thus, Yusa acknowledges resin intrusion and solidification in the introduction port as a concern to be addressed.
Jeon is directed to a polymer forming apparatus comprising a polymer backflow prevention unit to prevent a molten polymer material from flowing back to a foaming agent injection gate (see [0001] and [0008]). Jeon discloses that when an internal pressure of a barrel filled with polymer resin is higher than injection pressure of the foaming gas, the polymer resin flows back to the gas injection gate and clogs the gas injection gate (see [0005]). To solve this problem, Jeon provides a polymer backflow prevention unit 300 at an end of the outlet channel 223 of a foaming agent injection pipe 210 (see [0041]-[0042], [0056]-[0058], and Figure 3). The backflow prevention unit 300 includes a backflow-prevention plate body 310, which is formed in a circular disc shape, and a plurality of backflow prevention holes 311 formed in the plate body 310 (see [0057]-[0058] and Figure 3). The backflow prevention holes 311 pass through the plate body 310, and the supplied foaming agent passes through the holes 311 into the chamber while the polymer resin is prevented from flowing back (see [0009], [0087], and Figure 3).
In the embodiment of Figure 8, the backflow prevention holes 315 are tapered in a direction of supplying the foaming agent (see [0063] and Figure 8). Since the inner diameters of the holes gradually increase in an opposite direction to the supply direction for the foaming agent (i.e., the holes are narrower on the resin-facing side and wider on the gas supply side), this configuration minimizes the amount of foaming agent reversely introduced into the holes and flowing back (see [0066]). The narrower resin-facing opening of each tapered hole reads on the claimed resin-contact-side hole, and the wider gas-supply-facing opening reads on the claimed physical foaming agent introduction hole. The tapered geometry ensures that the resin-contact-side hole has a diameter equal to or smaller than the physical foaming agent introduction hole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Yusa by providing a backflow prevention plate having a plurality of tapered through-holes, as taught by Jeon, in the introducing port 202 of Yusa. Yusa itself acknowledges that molten resin may invade the introducing port and solidify therein (see [0057] and [0064]), and Jeon addresses this same problem by providing a disc-shaped plate body with through-holes at the foaming agent injection point to prevent polymer resin from flowing back and clogging the gas injection gate (see [0005] and [0008]-[0009]).
Modified Yusa does not explicitly disclose that the resin-contact-side hole has a diameter of 10 to 80 μm.
Klotzer is directed to a method and apparatus for producing expanded porous thermoplastic polymer membranes by extrusion of foamed polymer melts (see [0008]-[0009]). Klotzer discloses that cell formers (gas) can be introduced into a polymer melt by way of a hollow needle through a sintered metal that preferably has pore sizes of approximately 20 μm and smaller, in order to obtain the largest possible contact surface at the phase boundary between the polymer melt and the liquid and/or gas (see [0026]). The pore size range disclosed by Klotzer overlaps the claimed range of 10 to 80 μm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the through-holes of the backflow prevention plate of modified Yusa with resin-contact-side openings having a diameter of approximately 20 μm or smaller, as taught by Klotzer. Klotzer teaches that pore sizes in this range are suitable for introducing a gas into a polymer melt in order to maximize the contact surface area at the phase boundary (see [0026]). One of ordinary skill in the art would have recognized that sizing the resin-facing openings of the backflow prevention plate within this range would serve the dual purpose of maximizing gas-polymer contact surface area (as taught by Klotzer) while providing openings fine enough to resist penetration by viscous molten resin (as taught by Jeon's backflow prevention principle). Also note that, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Specifically, see [0047] of JP 2004-237522 (“Kuramitsu”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John DeRusso whose telephone number is (571)270-1287. The examiner can normally be reached Monday-Friday, 10:00 AM-6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao, can be reached at (571) 270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John J DeRusso/Primary Examiner, Art Unit 1744