Prosecution Insights
Last updated: April 19, 2026
Application No. 18/777,988

METHOD AND DEVICE FOR PRODUCING A PARTICLE FOAM PART AND A METHOD FOR CALIBRATING THE PRODUCTION PROCESS

Non-Final OA §102
Filed
Jul 19, 2024
Examiner
TSUI, YUNG-SHENG M
Art Unit
1684
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Adidas AG
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
71%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
342 granted / 521 resolved
+5.6% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
36 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
35.7%
-4.3% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
23.0%
-17.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 521 resolved cases

Office Action

§102
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 . DETAILED ACTION Status of the Claims Claims 1-20 are pending. Claims 1-6 are the subject of this NON-FINAL Office Action. This is the first action on the merits. Election/Restrictions Applicant’s election without traverse of Invention I (claims 1-6) in the reply filed on 01/05/2026 is acknowledged. Claims 5-20 are withdrawn. Claim Objection Claim 2 is objected to because it ends in a comma. See MPEP § 608.01(m). 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) A person shall be entitled to a patent unless – (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; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-6 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by ROMANOV (US20210206037). As to claim 1, ROMANOV teaches a method for producing a particle foam part from foam particles for sports apparel, sports equipment or a ball using electromagnetic waves, the method comprising the steps of (“A method for producing a particle foam part, the method comprising”; claim 1) filling a molding space (“heating foam particles, which are formed from an expandable polymer material, in a molding chamber of a molding tool, welding the foam particles into the particle foam part, the foam particles being heated by electromagnetic radiation”; claim 1; paras. 0061-62 & 0071-72, describing the filling of the mold), heating the foam particles with electromagnetic waves to weld them (“heating foam particles, which are formed from an expandable polymer material, in a molding chamber of a molding tool, welding the foam particles into the particle foam part, the foam particles being heated by electromagnetic radiation”; claim 1), and demolding (“demolding”; para. 0071), wherein a parameter characteristic of the absorption of the electromagnetic waves is monitored during the heating of the foam particles, and if this parameter changes by a predetermined amount, the heating of the foam particles is ended (para. 0051, describing controlling supply of heat based on measured power or voltage changes at the capacitor (“it is advisable to control the supply of heat by means of electromagnetic radiation. This control can be carried out, for example, based on a temperature recorded in the molding chamber by means of a temperature sensor. This temperature sensor is preferably a fiber-optic temperature sensor. However, the heat supplied can also be measured based on the electrical power output or voltage changes at the capacitor”)). Further to control (including turning on and off) of the electrical power of the RF heater, the Abstract, paragraphs 0006, 0014-15, 0020, 0036, 0045, 0051 and 0089-90, 0139 discuss controlling the power or voltage supplied to the RF heater based on measured voltage or power at the capacitor plates of the RF heater to prevent overheating. From this discussion of “controlling” the heat of the RF heater, it is immediately clear that shutting off the heat is taught, along with reducing power, reducing voltage, increasing power or increasing voltage. Thus, ROMANOV clearly states that “the heat supplied can also be measured based on the electrical power output or voltage changes at the capacitor” in order to “control the supply of heat by means of electromagnetic radiation” which includes stopping or ending the heating when the heat is too high. As to claim 2, ROMANOV teaches the electromagnetic waves are generated by means of a capacitor in which the molding space is located, wherein: the electromagnetic waves are applied to the capacitor with a predetermined voltage amplitude, and the power introduced into the molding space or the first or second derivative thereof over time is measured as a characteristic parameter (para. 0051). As to claim 3, ROMANOV teaches the electromagnetic waves are generated by means of a capacitor in which the molding space is located, wherein: the electromagnetic waves are applied to the capacitor with a predetermined power, and the voltage dropped across the capacitor or the first or second derivative thereof over time is measured as a characteristic parameter (para. 0051). As to claim 5, ROMANOV teaches after heating and before demolding, the particle foam part is cooled in the molding space (paras. 0044-45 & 0068-69). As to claim 5, ROMANOV teaches RF radiation is used as electromagnetic waves (Abstract, Claim 24, paras. 0014-25, 0049-50 & 0084). As to claim 6, ROMANOV teaches the electromagnetic waves have a frequency range of 30 kHz to 300 MHz.(paras. 0016-17). Prior Art The following prior art also teaches RF heating of foam mold products: WO2022229030; US20210206036; US20140243442; US20180154598 (“Further, a voltmeter may be used for measuring the voltage of the capacitor. This may be helpful for determining the thermal output introduced into the particles 120 because the power is proportional to the square of the voltage”; para. 0148). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY TSUI whose telephone number is (571)272-1846. The examiner can normally be reached Monday - Friday, 9am - 5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YUNG-SHENG M TSUI/ Primary Examiner, Art Unit 1743
Read full office action

Prosecution Timeline

Jul 19, 2024
Application Filed
Mar 25, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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DEVICE AND COMPUTER-IMPLEMENTED METHOD FOR CONTROLLING AN EXTRUSION PLANT, EXTRUSION PLANT, AND COMPUTER-READABLE STORAGE MEDIUM
2y 5m to grant Granted Mar 31, 2026
Patent 12583172
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Patent 12576590
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
71%
With Interview (+5.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 521 resolved cases by this examiner. Grant probability derived from career allow rate.

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