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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-9 and 13) in the reply filed on 10/31/2024 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “one or more of the molds” in line 14. Claim as written is vague and indefinite as it is unclear which mold is being referred to, as claim 1 only recites having a single mold which is “a midsole mold”. Applicant is urged to clarify this in the next action.
Allowable Subject Matter
Claims 1-4, 6-9, and 13 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art Zhu Jiang (CN 112876783 A; as provided by the Applicant’s IDS).
The closest prior art Zhu Jiang discloses shoe making technology and providing high strength plastic sole material and a method thereof for preparation, the plastic sole materials include PVC resin, EVA and graphene oxide and foaming agent (see abstract) fails method for preparing a thermosetting midsole using foamed particles with graphene oxide on surface, the method comprising: fusing the foamed particles with graphene oxide on surface with each other in a midsole mold under steam heating conditions to form the thermosetting midsole, wherein a body of the foamed particles with graphene oxide on surface is formed by mixing 60wt% to 95wt% of thermoplastic polyurethane and 5wt% to 40wt% of thermosetting polymer of the foamed particles and foaming under non curing conditions.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2021/0348019 A1 teach thermoplastic polyurethane used with graphene oxide.
US 2023/0080867 A1 discloses elastomers enhanced with in situ formation of 2D nanoparticles.
US 2025/0111960 A1 elastomeric composite with graphite.
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NAHIDA SULTANA
Primary Examiner
Art Unit 1743
/NAHIDA SULTANA/ Primary Examiner, Art Unit 1743
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