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 .
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: On page 1, lines 25-26, mention of claim 1 should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(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.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Gawryla (U.S. Patent Application Publication 2019/0153181 A1).
Regarding claim 1, Gawryla (see the entire document, in particular, paragraphs [0005], [0006], [0008], [0023] – [0026], [0029], [0031], [0035], [0053] and [0069]) teaches a process (see Figure 1, paragraphs [0023] (polymeric foams made by an extrusion method) and [0006] (method of making an extruded foam having improved insulation performance) of Gawryla), including (a) feeding pellets of a first polymer to an extruder (see Figure 1, paragraphs [0008] (introducing a matrix polymer into a screw extruder) and [0023] (polymer in the form of pellets) of Gawryla); (b) feeding pellets of a second polymer, different from and immiscible with the first polymer, to the extruder (see Figure 1, paragraphs [0008] (introducing a domain polymer), [0023] (polymer in the form of pellets; polymeric mixture may include a matrix polymer and a domain polymer) and [0029] (the matrix polymer and the domain polymer are immiscible) of Gawryla); (c) feeding a foaming agent to the extruder (see Figure 1, paragraph [0008] (injecting a blowing agent) of Gawryla); (d) melting the polymers (see Figure 1, paragraph [0024] (obtain a polymeric melt) of Gawryla); (e) mixing the polymers in an extruder screw (see Figure 1, paragraphs [0008] (form a flowable polymeric mixture) and [0025] (the resulting mixture is subjected to blending) of Gawryla); (f) extruding a mixture of the polymers and foaming agent through a 3D printing nozzle (see Figure 1, paragraph [0026] (extrusion composition is forced through die 114 (i.e., nozzle)) of Gawryla); (g) ejecting the mixture from the 3D printing nozzle to create a pressure drop to cause foaming of at least one of the polymers (see Figure 1, paragraph [0026] (extrusion composition exits die 114 into a region of reduced pressure, thereby producing a polymeric foam material) of Gawryla); and (h) forming an article printed from the foam mixture (see paragraphs [0026] (thickness and other properties of the polymeric foam product are controlled) and [0006] (extruded foam having improved insulation performance) of Gawryla).
Regarding claim 2, see paragraphs [0031] (matrix polymer includes copolymers of ethylene and vinyl acetate) and [0053] (domain polymers include polycarbonates, polyesters) of Gawryla.
Regarding claim 3, see paragraphs [0035] (varying amounts of matrix polymer) and [0056] (varying amounts of domain polymer) of Gawryla.
Regarding claim 4, see paragraph [0005] (matrix polymer forms a polymeric foam, domain polymer forms nano-cellular foam) of Gawryla.
Regarding claims 5 and 6, see paragraph [0069] (optional additives include elastomers) of Gawryla.
Regarding claim 8, see Figure 1, paragraph [0025] (domain polymers, blowing agents and other additives are introduced through a plurality of ports 110, 112) of Gawryla.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Studart et al (EP 3501793 A1).
Regarding claim 9, Studart et al (see the entire document, in particular, paragraphs [0001], [0015], [0017], [0020] and [0036]; Figure 1) teaches an apparatus (see paragraph [0001] (3D printing setup) of Studart et al), including (a) a first hopper for pellets of a first material (see Figure 1, paragraphs [0015] (pellet-based 3D printing setup) and [0017] (container 110 for storing one material) of Studart et al); (b) a second hopper for pellets of a second material (see Figure 1, paragraphs [0015] (pellet-based 3D printing setup) and [0017] (container 110’ for storing a different material) of Studart et al); (c) an extruder containing an extruder screw (see Figure 1, paragraph [0020] (extrusion unit 24, extrusion screw 22) of Studart et al); (d) a first conveyor for conveying pellets of a first material from a first hopper to an extruder (see Figure 1, paragraph [0017] (feeding screw 111) of Studart et al); (e) a second conveyor for conveying pellets of a second material from a second hopper to an extruder (see Figure 1, paragraph [0017] (feeding screw 111’) of Studart et al); (f) a heater for melting the first and second materials in an extruder (see Figure 1, paragraphs [0020] (heated extrusion unit 24) and [0036] (cartridge heater in extrusion unit 24) of Studart et al); and (g) a 3D printing nozzle positioned downstream of the extruder screw such that, in use, the extruder screw ejects the melted and mixed materials form the 3D printing nozzle (see Figure 1, paragraph [0020] (extrusion nozzle 243) of Studart et al).
Regarding claim 10, see Figure 1, paragraph [0017] (feeding screws 111, 111’) of Studart et al.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gawryla (U.S. Patent Application Publication 2019/0153181 A1) as applied to claims 1-6 and 8 above, and further in view of Knaus (U.S. Patent No. 4,919,864 A).
Regarding claim 7, Gawryla does not teach (1) feeding polymers and foaming agent from a single hopper to an extruder. Knaus (see the entire document, in particular, col. 1, lines 5-10; col. 2, lines 26-31; col. 5, lines 43-46; Figure 1) teaches a process (see col. 1, lines 5-10 (method for the manufacture of thermoplastic foams by extrusion) of Knaus), including feeding polymers and foaming agent from a single hopper to an extruder (see Figure 1; col. 5, lines 43-46 (introduce a chemical blowing agent and a resin into one or both hoppers 10a and/or 10b or extruders 11a and/or 11b) of Knaus), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to feed polymers and foaming agent from a single hopper to an extruder in the process of Gawryla in view of Knaus in order to produce foams having improved esthetics, strength and durability in a single operation (see col. 2, lines 26-31 of Knaus).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742
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