DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II, claims 28-33, 35-36, and 38 in the reply filed on 8/4/2026 is acknowledged.
Claims 1-4, 6-7, 10-13, 15, 17-21, 24, and 26-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/4/2026.
Claim Rejections - 35 USC § 102
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.
Claims 28-30, 32-33, 35-36, and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujimoto (US 20050058824).
Fujimoto discloses a thermoplastic foamed resin sheet. Concerning claims 28 and 32, Fujimoto discloses the thermoplastic foamed resin sheet comprises two solid skin layers with a foamed core, wherein the foamed core is a multilayer core having first and second layers of expanded foam each having a closed cellular microstructure with each adjacent to the respective skin layers and a central layer that comprises a cellular microstructure having an average aspect ratio larger than 1 up to 4 which meets the limitations as claimed (FIGS. 1-3; para. 0021-0036; Example 1). Regarding claims 29 and 30, as shown in Figures 1 and 3, the cells in the first and second layers having a closed cellular microstructure have an average aspect ratio of 1 or a little above 1 and have the claimed maximum dimension in the direction as claimed (FIGS. 1 and 3; elements 2 and 4). In regard to claim 33, the central layer cellular microstructure has cells having an average diameter of 30 microns to 3000 microns in the orientation as claimed (para. 0027; FIGS. 1 and 3, elements 3 and 5). Concerning claim 35, the cells can be open or closed for each portion of the foamed resin sheet (para. 0026). With respect to claims 36 and 38, the thickness of the thermoplastic foamed sheet can be within the claimed range (para. 0030).
Claims 28-32, 35, and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakayama et al. (JP 2012-000909).
Nakayama discloses a thermoplastic elastomer foamed molded article. Concerning claim 28, Nakayama discloses the foam comprises two non-foamed layers forming the outer skin layers, two low-foamed layers, each directly adjacent to the skin layers, and a high-foamed layer disposed between the low-foamed layers, wherein low-foamed layer comprises a closed-cell microstructure and the high-foamed layer comprises cells having the aspect ratio DC1/DC2 of 2.3 to 4.3 with the microstructure extending between the first and second non-foamed layers (FIGS. 1 and 2; para. 0011-0093; Table 1). With respect to claims 29 and 30, as shown in Figures 1 and 2, the cells are roughly spherical, which is greater than 1:1 with the cells oriented in the direction extending between the non-foamed layers (FIGS. 1 and 2). Concerning claim 31, the maximum cell size is 0.2 mm (or 200 microns) which meets the limitations as claimed (para. 0011). Regarding claim 32, as shown in Table 1, Examples 2-4, 7, and 9 show aspect ratios within the claimed range. With respect to claim 35, the high-foamed layer has a content of closed cells from 5 to 50% and as shown in Figure 2, the layer comprises open cells interconnected by ruptured cell walls. Concerning claim 38, as shown in Table 1, the Examples have a total thickness of the foamed sheet within the claimed range.
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.
Claims 33 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama et al. (JP 2012-000909).
Concerning claim 33, the cells in the high-foamed layer are orthogonal as shown in Figures 1 and 2 and since the overall thickness of the molded sheet in the Examples is 4.2 mm to 8 mm with the total thickness of the non-foamed and low-foamed layers is from 0.8 mm to 1.3 mm, resulting in the high-foamed layer having a thickness of 2.4 mm to 5.8 mm, wherein as shown in Figures 1 and 2, the maximum diameter of the cells in the high-foamed layer would include and encompass the claimed range. Regarding claim 36, the total thickness of the non-foamed and low-foamed layers is 0.7 mm or greater and the expansion ratio is from 1.5 to 10 times (para. 0012 and 0021). As such, the total thickness of the sheet would be at least 2.1 mm and therefore include and encompass the claimed range.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawamura (JP 2022-163991) discloses a foamed molded article from a thermoplastic resin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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