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 of claims 1-11 in the reply filed on 4/28/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Interpretation
The Examiner wishes to point out to applicant that claims 1-11 are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus is viewed as recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus (Please see MPEP 2112.01 I and 2114-2115 for further details).
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 1 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 1 recites the limitation "a material" in line 14. There is insufficient antecedent basis for this limitation in the claim. Is this the same material from line 6 or a new material? For examination purposes it will be treated as the same material from line 6.
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.
Claims 1, 2, 4, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kariya (JP 2023118318; already of record, with machine translation), in view of Kasai et al (US 5098275). Regarding claim 1, Kariya teaches:
A heating cylinder (Figure 1, heating cylinder 10)
A screw provided in the heating cylinder (Figure 1, screw 20)
A material supply device configured to supply a material to a material supply port formed in the heating cylinder (Figure 1, blocking mechanism 70 connected to raw material passage 14)
A gas supply device configured to supply a gas that is a physical foaming agent to the heating cylinder (Figure 1, gas supply mechanism 50)
Wherein the gas supply device is connected to a central gas supply port provided in the vicinity of a center of the heating cylinder (Figure 1, first nozzle 53B) and to a material supply side gas supply port provided in the vicinity of the material supply port (Figure 1, second nozzle 55B)
Wherein the material supply device includes:
A material storage portion configured to store a material (Figure 1, raw material hopper 13)
Kariya is silent to:
A pressure regulating buffer portion
Wherein the pressure regulating buffer portion is configured to store a predetermined amount of the material from the material storage portion and supply the stored material to the material supply port
Wherein the pressure regulating buffer portion includes:
A first valve on a side near the material storage portion
A second valve on a side near the material supply port
In the same field of endeavor Kasai teaches the claimed pressure regulating buffer portion as shown in the highlighted structure from Figure 3:
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Kasai teaches (Figure 3 and column 7, line 54 through column 8, line 13) shutters 21-1 and 21-2 that create a predetermined amount/volume for an amount j of raw material. The shutter 21-2 closes, the shutter 21-1 opens to allow material into the volume, shutter 21-2 closes, and then shutter 21-2 opens to allow amount j into the cylinder 2 with screw 1.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the structure of Kasai in the apparatus of Kariya, since the use of the shutters allows for a predetermined amount of material to be fed to the extruder cylinder.
Regarding claim 2, Kasai further teaches for the previous reasoning:
A control device (Figure 3, controller 60)
Wherein the control device is configured to execute supply preparation processing and supply processing (column 5, lines 3-34 discloses what the controller operates, which includes the shutters 21-1 and 21-2)
Wherein the supply preparation processing includes closing the second valve and then opening the first valve to allow the material from the material storage portion to be stored in the pressure regulating buffer portion (As previously discussed with regards to Kasai and claim 1)
Wherein the supply processing includes closing the first valve and then opening the second valve to allow the material stored in the pressure regulating buffer portion to be supplied to the material supply port (As previously discussed with regards to Kasai and claim 1)
Regarding claim 4:
Wherein the pressure regulating buffer portion is configured to store and amount of the material sufficient for at least one molding cycle (see remarks regarding claim 1 and the predetermined amount j of Kasai)
Regarding claim 8, Kariya teaches:
Wherein a pressure of a gas supplied from the material supply side gas supply port is adjusted to be lower than a pressure of a gas supplied from the central gas supply port (This is seen as the intended use of the apparatus, and as Kariya teaches the required structure and Kariya teaches the two pressure are controllable (paragraph 0039) then Kariya is capable of the claimed pressure differential)
Regarding claim 9, Kariya teaches:
Wherein the material storage portion includes a hopper (Figure 1, raw material hopper 13. It is noted that Kasai also teaches a hopper 6 in Figure 3)
Claims 1-6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kariya (JP 2023118318; already of record, with machine translation), in view of Ichihara (JP H09155867; with machine translation). Regarding claim 1, Kariya teaches:
A heating cylinder (Figure 1, heating cylinder 10)
A screw provided in the heating cylinder (Figure 1, screw 20)
A material supply device configured to supply a material to a material supply port formed in the heating cylinder (Figure 1, blocking mechanism 70 connected to raw material passage 14)
A gas supply device configured to supply a gas that is a physical foaming agent to the heating cylinder (Figure 1, gas supply mechanism 50)
Wherein the gas supply device is connected to a central gas supply port provided in the vicinity of a center of the heating cylinder (Figure 1, first nozzle 53B) and to a material supply side gas supply port provided in the vicinity of the material supply port (Figure 1, second nozzle 55B)
Wherein the material supply device includes:
A material storage portion configured to store a material (Figure 1, raw material hopper 13)
Kariya is silent to:
A pressure regulating buffer portion
Wherein the pressure regulating buffer portion is configured to store a predetermined amount of the material from the material storage portion and supply the stored material to the material supply port
Wherein the pressure regulating buffer portion includes:
A first valve on a side near the material storage portion
A second valve on a side near the material supply port
In the same field of endeavor Ichihara teaches the claimed pressure regulating buffer portion as shown in the highlighted structure from Figure 1:
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Ichihara teaches (paragraphs 0004-0009) a second vacuum chamber 4 (which has a predetermined volume) with a first shutter 5 and a second shutter 7. The shutter 5 closes, the shutter 7 opens to allow material into the chamber 4, and a vacuum is created. Then shutter 5 opens to allow material into the screw assembly 1.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the structure of Ichihara in the apparatus of Kariya, since the use of the shutters and vacuum chamber prevents oxidization of the material (Ichihara: paragraph 0001)
Regarding claim 2, Ichihara further teaches for the previous reasoning:
A control device (Figure 1, controller 15)
Wherein the control device is configured to execute supply preparation processing and supply processing (paragraph 0006 discloses what the controller operates, which includes the shutters)
Wherein the supply preparation processing includes closing the second valve and then opening the first valve to allow the material from the material storage portion to be stored in the pressure regulating buffer portion (As previously discussed with regards to Ichihara and claim 1)
Wherein the supply processing includes closing the first valve and then opening the second valve to allow the material stored in the pressure regulating buffer portion to be supplied to the material supply port (As previously discussed with regards to Ichihara and claim 1)
Regarding claim 3, Ichihara further teaches for the previous reasoning:
Wherein the pressure regulating buffer portion and the material supply port are connected to via a predetermined seal member to maintain airtightness (since Ichihara uses a vacuum there would be an airtight seal as claimed)
Regarding claim 4:
Wherein the pressure regulating buffer portion is configured to store and amount of the material sufficient for at least one molding cycle (see remarks regarding claim 1 and the predetermined amount in chamber 4)
Regarding claim 5, Kariya is silent to:
Wherein the pressure regulating buffer portion includes a sensor configured to detect whether the material in the pressure regulating buffer portion has reach a lower limit
In the same field of endeavor Ichihara teaches a level detector 14 within the chamber 4 (Figure 1 and paragraph 0009). It is noted that this senses an upper volume.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have a lower level fill sensor, since the art teaches a sensor to detect an amount in the needed volume, whether that be at the top or bottom of the volume would be obvious. It has been shown that a person of ordinary skill has good reason to pursue the known options in their art. If this leads to an anticipated success, it is likely that it was not due to innovation but of ordinary skill and common sense. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007).
Regarding claim 6, Ichihara further teaches for the previous reasoning:
Wherein the pressure regulating buffer portion includes a relief valve configured to release an internal pressure to atmospheric pressure (paragraph 0009, Figure 1, solenoid valve 10 releases the chamber 4 to atmospheric pressure)
Regarding claim 8, Kariya teaches:
Wherein a pressure of a gas supplied from the material supply side gas supply port is adjusted to be lower than a pressure of a gas supplied from the central gas supply port (This is seen as the intended use of the apparatus, and as Kariya teaches the required structure and Kariya teaches the two pressure are controllable (paragraph 0039) then Kariya is capable of the claimed pressure differential)
Regarding claim 9, Kariya teaches:
Wherein the material storage portion includes a hopper (Figure 1, raw material hopper 13. It is noted that Ichihara also teaches a hopper 6 in Figure 1)
Claims 1-4 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kariya (JP 2023118318; already of record, with machine translation), in view of Bacher et al (US 2009/0004325; herein Bacher). Regarding claim 1, Kariya teaches:
A heating cylinder (Figure 1, heating cylinder 10)
A screw provided in the heating cylinder (Figure 1, screw 20)
A material supply device configured to supply a material to a material supply port formed in the heating cylinder (Figure 1, blocking mechanism 70 connected to raw material passage 14)
A gas supply device configured to supply a gas that is a physical foaming agent to the heating cylinder (Figure 1, gas supply mechanism 50)
Wherein the gas supply device is connected to a central gas supply port provided in the vicinity of a center of the heating cylinder (Figure 1, first nozzle 53B) and to a material supply side gas supply port provided in the vicinity of the material supply port (Figure 1, second nozzle 55B)
Wherein the material supply device includes:
A material storage portion configured to store a material (Figure 1, raw material hopper 13)
Kariya is silent to:
A pressure regulating buffer portion
Wherein the pressure regulating buffer portion is configured to store a predetermined amount of the material from the material storage portion and supply the stored material to the material supply port
Wherein the pressure regulating buffer portion includes:
A first valve on a side near the material storage portion
A second valve on a side near the material supply port
In the same field of endeavor Bacher teaches the claimed pressure regulating buffer portion as shown Figure 3, vacuum sluice 28, cylinders 29, and sliders 30.
Bacher teaches (paragraph 0028) the top slider opens, material flows from hopper 24 into the vacuum sluice 28 (in a predetermined amount via level probes 34), the top slider closes, and then bottom slider opens to allow the material to move onto the extruder.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the structure of Bacher in the apparatus of Kariya, since the use of the shutters and vacuum chamber prevents deterioration of the material (Bacher: paragraph 0006)
Regarding claim 2, Bacher further teaches for the previous reasoning:
A control device (paragraph 0028)
Wherein the control device is configured to execute supply preparation processing and supply processing (paragraph 0028)
Wherein the supply preparation processing includes closing the second valve and then opening the first valve to allow the material from the material storage portion to be stored in the pressure regulating buffer portion (As previously discussed with regards to Bacher and claim 1)
Wherein the supply processing includes closing the first valve and then opening the second valve to allow the material stored in the pressure regulating buffer portion to be supplied to the material supply port (As previously discussed with regards to Bacher and claim 1)
Regarding claim 3, Bacher further teaches for the previous reasoning:
Wherein the pressure regulating buffer portion and the material supply port are connected to via a predetermined seal member to maintain airtightness (since Bacher uses a vacuum there would be an airtight seal as claimed)
Regarding claim 4:
Wherein the pressure regulating buffer portion is configured to store and amount of the material sufficient for at least one molding cycle (see remarks regarding claim 1 and the predetermined amount sensed by level probes 34)
Regarding claim 8, Kariya teaches:
Wherein a pressure of a gas supplied from the material supply side gas supply port is adjusted to be lower than a pressure of a gas supplied from the central gas supply port (This is seen as the intended use of the apparatus, and as Kariya teaches the required structure and Kariya teaches the two pressure are controllable (paragraph 0039) then Kariya is capable of the claimed pressure differential)
Regarding claim 9, Kariya teaches:
Wherein the material storage portion includes a hopper (Figure 1, raw material hopper 13. It is noted that Bacher also teaches a hopper 24 in Figure 3)
Regarding claims 10 and 11, Kariya is silent to:
Wherein the material supply device includes a quantitative feeder that is provided between the pressure regulating buffer portion and the material supply port; and
Wherein the quantitative feeder has a capacity to hold an amount of the material sufficient for at least one molding cycle
In the same field of endeavor Bacher teaches (Figure 3 and paragraphs 0032-0033) a conveying means 71 between the vacuum sluice 28/cylinder 29/sliders 30 and the extruder, which feeds a desired amount.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the conveying means of Bacher since it allows for using the extruder in locations that otherwise would not be able to contain such an apparatus.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The additional art cited on the PTO-892 is related to feed means that are similar to that discussed in the above action and similar to which that is claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-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.
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/TIMOTHY KENNEDY/Primary Examiner, Art Unit 1743
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