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 the applicant’s reply of 12 June 2026, the specification and claims were amended. Based on these amendments, the specification objections included in the previous office action are withdrawn.
The limitation “physical foaming agent supply mechanism” in claim 4 is no longer being interpreted under 112(f) because claim 4 now recites sufficient structure for performing the recited function. As claim 5 is withdrawn, its limitation “introduction port opening and closing mechanism” is not currently being interpreted under 112(f). However, the interpretation would still apply upon rejoinder. The amendment to claim 5 added a cylinder and piston, but this is not enough structure to perform the recited function of opening and closing the introduction port. A piston and cylinder produce reciprocating motion but do not occlude anything, such that the claim recites an actuator but no sealing element.
Response to Arguments
Applicant’s arguments filed 12 June 2026 have been fully considered, but they are not persuasive.
Applicant argues that none of Yusa, Jeon, or Klotzer discloses a physical foaming agent introduction hole having a diameter of 20 to 400 μm. It is agreed that the cited references do not explicitly disclose the recited range. However, obviousness does not require that every recited dimension be expressly disclosed in the prior art. For the reasons set forth in the rejection of claim 4 below, the selection of a diameter within the recited range would have been obvious to one of ordinary skill in the art.
It is further noted that, where a prima facie case of obviousness rests upon the selection or optimization of a claimed range, the burden is on applicant to establish the criticality of the recited range or to show unexpected results. See MPEP 2144.05(III)(A). Paragraph [0069] of the present application describes only the ordinary relationship between the diameter of the physical foaming agent introduction hole, the flow of the physical foaming agent through that hole, and the number of holes that can be formed in the filter body, and does not establish criticality of either recited endpoint.
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 having i) a physical foaming agent container storing a physical foaming agent and ii) a valve, the physical foaming agent supply mechanism being configured to supply, using the valve, the physical foaming agent from the physical foaming agent container 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, the bomb 100 being a bomb stored with the fluid, such as a nitrogen bomb, a carbon dioxide bomb, or an air bomb, and being connected to the container 300 by the piping 154 via a pressure reducing valve 151, a pressure gauge 152, and an open valve 153, such that the physical foaming agent is fed from the bomb 100 and supplied to the starvation zone 23 via the pressure reducing valve 151 and the container 300; see Figure 2 and [0045]-[0046], [0054], [0056], and [0099]),
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 further does not disclose that the diameter of the physical foaming agent introduction hole is 20 to 400 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).
Modified Yusa does not explicitly disclose that the diameter of the physical foaming agent introduction hole is 20 to 400 μm.
In modified Yusa, however, the diameter of the physical foaming agent introduction hole is necessarily greater than the diameter of the resin-contact-side hole of the same fine hole. As set forth above, the through-holes of the backflow prevention plate are tapered such that their inner diameters gradually increase in the direction opposite to the supply direction for the foaming agent, so that each hole is narrower at its resin-facing opening and wider at its gas-supply-facing opening (see [0063], [0064], and [0066] and Figure 8 of Jeon). Because the resin-contact-side hole of modified Yusa is formed with a diameter of approximately 20 μm in accordance with the teaching of Klotzer (see [0026] of Klotzer), the physical foaming agent introduction hole at the opposite end of that same tapered hole is greater than 20 μm. The lower endpoint of the recited range is therefore met as a consequence of the combination itself, and not by way of any separate selection of a value.
With respect to the upper endpoint, the recited range of 20 to 400 μm spans a factor of twenty. For the physical foaming agent introduction hole of modified Yusa to fall outside the recited range, one of ordinary skill in the art would have had to form each tapered through-hole with a gas-supply-facing opening more than twenty times the diameter of its resin-facing opening. Neither Jeon nor Klotzer teaches or suggests a taper of that magnitude. The recited range accordingly encompasses substantially the entire range of hole geometries that the combination of Yusa, Jeon, and Klotzer makes available to one of ordinary skill in the art.
Furthermore, the diameter of the physical foaming agent introduction hole is a result-effective variable. Jeon teaches that the inner diameters of the backflow prevention holes are selected so as to affect the speed at which the foaming agent is supplied through the holes, and so as to minimize the amount of foaming agent reversely introduced into the holes and flowing back (see [0065] and [0066] of Jeon). Jeon further teaches that the geometry of the holes is selected so as to increase the contact surface area between the plate body and the polymer resin that flows back into the holes (see [0091], [0093], and [0095] of Jeon). One of ordinary skill in the art would accordingly have recognized that the diameter of the gas-supply-facing opening of each hole governs both the rate at which the foaming agent passes through the hole and, for a backflow prevention plate of a given area, the number of holes that can be provided in the plate. Where a variable is recognized in the prior art as result-effective, determination of the optimum or workable range of that variable is ordinarily within the skill of the art. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). Further, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955); see also MPEP § 2144.05(II).
Applicant’s own disclosure attributes no result to the recited endpoints beyond this ordinary relationship, stating that a diameter of less than 20 μm lowers the flow of the physical foaming agent and that a diameter of more than 400 μm is excessively large and reduces the number of fine holes that can be formed (see [0069] of the present application). No criticality of either endpoint, and no result that would have been unexpected to one of ordinary skill in the art, is asserted or shown.
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the tapered through-holes of the backflow prevention plate of modified Yusa with physical foaming agent introduction holes having a diameter of 20 to 400 μm.
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 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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/John J DeRusso/Primary Examiner, Art Unit 1744
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