CTNF 19/015,354 CTNF 97507 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-12 are examined. Information Disclosure Statement 06-49-07 AIA The information disclosure statement filed April 22, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The information disclosure statement (IDS) cites Foreign Documents Numbers 1-18 and Non-Patent Literature. However, a copy of each cited foreign patent documents and each non-patent literature publication is not filed with the IDS. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1-3, 5-7, and 9-12 is/are rejected under 35 U.S.C. 102 (a)(1) and 102(a)(2) as being anticipated by Murphy (US 2016/0039162 A1) . Regarding claim 1, Murphy discloses a method for a foaming process (claim 1 – method of forming a foamed part), comprising: flowing a molten polymeric material (¶ [0082] – plasticate polymeric material and convey the polymeric material) into a mold (¶ [0082] – injection of material into the mold cavity) from an upstream device (¶ [0061] – extruding system 102 including polymer processing screw 104 that is rotatable within a barrel 106); receiving the molten polymeric material in a cavity of the mold (¶ [0082] – injection of material into the mold cavity); and maintaining a repeatable, uniform pressure profile (¶ [0076-0077] – to maintain the pressure of the mixture in 110) after the molten polymeric material is delivered into the mold (¶ [0083] – shut-off nozzle valve 134 may be closed to maintain pressure within the accumulated charge sufficiently high). Regarding claim 2, Murphy discloses the method of claim 1, wherein maintaining the pressure profile includes adjusting the flowing of the molten polymeric material (¶ 0083] – control the injection of material into the mold cavity by controlling rate at which mixture is injected; ¶ [0085] – control the amount of foaming of the mixture) in response to a measured pressure (¶ [0064] – 106 has one or more monitoring elements 118, e.g. pressure transducers) in a nozzle (¶ [0081] – outlet nozzle 136) of the upstream device while the molten polymeric material is injected into the mold (¶ [0085] – during injection of the mixture) and maintaining positive pressure on the molten polymeric material in the mold (¶ [0083, 0085] – during injection to maintain the pressure; pressure differences in mixture upon injection into mold cavities) after injection of a predetermined amount of the molten polymeric material into the mold is completed (¶ [0085] – control amount of foaming of the mixture after injection of the mixture). Regarding claim 3, Murphy discloses the method of claim 2, further comprising removing the positive pressure on the molten polymeric material in the mold (¶ [0098] – mold cavity is then expanded to form the foamed part, which can then be removed from the mold; the pressure would be removed when the foamed part is removed) after a duration of time elapses (after the mold cavity is injected and expanded and the part is formed, a duration of time will elapse). Regarding claim 5, Murphy discloses the method of claim 1, wherein flowing the molten polymeric material into the mold includes forming a molten single phase solution (SPS) from a blowing agent and the molten polymeric material (¶ [0079] – mixing of the blowing agent and polymeric material, enables formation of a single-phase solution), the blowing agent dissolved in the molten polymeric material (¶ [0082] – the resulting mixture is a single-phase solution in which the blowing agent is dissolved in the polymeric material). Regarding claim 6, Murphy discloses the method of claim 1, wherein maintaining the pressure profile (¶ [0076-0077] – maintain the pressure of the mixture in polymer processing space 110) of a nozzle (¶ [0081] – outlet nozzle 136) of the upstream device (¶ [0076, 0081] – barrel 106 of 102) is achieved by adjusting a rate that the molten polymeric material is injected into the cavity by the upstream device (¶ [0076-0077] – restriction element 122 is a valve which permits downstream flow of polymeric material; ¶ [0083] – controlling a rate at which mixture is injected into the mold cavity), the pressure profile including a fixed pressure (¶ [0076-0077] – to maintain the pressure of the mixture in 110), and adapting a screw (¶ [0076] – screw 104) of the upstream device to be automatically adjusted (¶ [0081] – in operation, 104 is rotated by screw driving element to plasticate and convey the polymeric material; ¶ [0083] – 104 may cease to rotate; therefore, as the rotation of the screw is controlled, it will automatically adjust), the screw controlling an injection rate of the molten polymeric material into the cavity (¶ [0081] – in operation, 104 is rotated to plasticate and convey the polymeric material; ¶ [0083] – controlling a rate at which mixture is injected into mold cavity). Regarding claim 7, Murphy discloses the method of claim 1, wherein maintaining the pressure profile (¶ [0076-0077] – to maintain the pressure of the mixture in 110) in a nozzle (¶ [0081] – outlet nozzle 136) of the upstream device is further achieved by adjusting a temperature of the molten polymeric material (¶ [0081] – heating units 140 to control the temperature of the mixture from extruder 102). Regarding claim 9, Murphy discloses the method of claim 1, further comprising continuously monitoring (¶ [0064] – 106 has one or more monitoring elements 118), by a controller (¶ [0094] – control system can control multiple functions of the system 100; control the molding process or certain portions of the molding process), the pressure profile (¶ [0076-0077] – to maintain the pressure of the mixture in 110) using signals received from a pressure sensor (¶ [0064] – one or more monitoring elements 118, e.g., pressure transducers) and dynamically adjusting a flow rate of the molten polymeric material (¶ [0064] – 118, e.g., flow rate monitors; ¶ [0083] – controlling a rate at which mixture is injected into mold cavity) through a nozzle (¶ [0081] – outlet nozzle 136) using a closed-pressure sensing loop in response to real-time data (¶ [0064] - 118, e.g., pressure transducers, coupled to 106 to monitor the conditions within the polymer processing space 110). Regarding claim 10, Murphy discloses the method of claim 9, further comprising implementing, by the controller (¶ [0094] – control system can control multiple functions of the system 100; control the molding process or certain portions of the molding process), a condition indicator (¶ [0093] – particular thickness and properties of the skin layer are controlled by the properties of the material being injected and the conditions within the mold during injection; control parameters may be selected to produce a foamed part) that dynamically adjusts the flow rate of the molten polymeric material (¶ [0083] – controlling a rate at which mixture is injected into the mold cavity), based on real-time feedback from the pressure sensor and the closed-pressure sensing loop (¶ [0064] – one or more monitoring elements 118, e.g., pressure transducers, coupled to 106 to monitor the conditions within the polymer processing space 110). Regarding claim 11, Murphy discloses the method of claim 1, wherein the upstream device (¶ [0061] – extruding system 102) comprises a heating device (¶ [0061] – barrel 103 heated by heating units 116; ¶ [0063] – polymer processing space 110 includes plurality of heating zones), a temperature sensor (¶ [0064] – monitoring elements 118, e.g., temperature sensors), a screw (¶ [0061] - screw 104), a barrel (¶ [0061] – barrel 106) coupled to a nozzle (¶ [0063] – outlet nozzle 136), a pressure sensor (¶ [0064] – monitoring elements 118, e.g., pressure transducers), a closed-pressure sensing loop (¶ [0063-0064] – 118, e.g. pressure transducer, monitor the conditions within the polymer processing space 110; ¶ [0083] – maintaining pressure), and a controller (¶ [0094] – control system can control multiple functions of the system 100; control the molding process or certain portions of the molding process) connected to the heating device, the temperature sensor, the pressure sensor, and the closed-pressure sensing loop (¶ [0063-0064] – the temperature of the polymeric material/blowing agent within 110 may be precisely controlled; ¶ [0094] – control system controls 102 including 140 and 134 and/or other valve elements necessary to control flow of material). Regarding claim 12, Murphy discloses the method of claim 11, further comprising: continuously monitoring (¶ [0063-0064] – the temperature within 110 may be precisely controlled; ¶ [0083] – maintaining pressure), by the controller (¶ [0094] – control system), both a temperature and a pressure of the molten polymeric material in the barrel using signals received from the temperature sensor and the pressure sensor (¶ [0064] – monitoring elements 118, e.g., pressure transducers, temperature sensors); dynamically adjusting, by the controller, the temperature and pressure of the molten polymeric material (¶ [0063-0064] – the temperature of the polymeric material/blowing agent within 110 may be precisely controlled; controlling temperature would indirectly control pressure; ¶ [0094] – control system controls 102 including 140 and 134 and/or other valve elements necessary to control flow of material) using a condition indicator (¶ [0093] – particular thickness and properties of the skin layer are controlled by the properties of the material being injected and the conditions within the mold during injection; control parameters may be selected to produce a foamed part) and the closed-pressure sensing loop ¶ [0063-0064] – 118, e.g. pressure transducer, monitor the conditions within the polymer processing space 110; ¶ [0083] – maintaining pressure) to ensure consistent flow of the molten polymeric material into the mold (¶ [0083] – controlling a rate at which mixture is injected into mold cavity); and determining, by the controller, that the molten polymeric material has reached a desired temperature and pressure (¶ [0083] – 134 may be closed to maintain pressure within the accumulated charge sufficiently high to prevent premature nucleation, foaming or gas dissolution), and synchronizing injection of the molten polymeric material into the mold (¶ [0083] – 134, or any other appropriate flow control element, is opened to inject the mixture of the polymeric material and blowing agent into mold cavities of a mold 150) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA 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) 4 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as anticipated by Murphy (US 2016/0039162 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Murphy (US 2016/0039162 A1) in view of Inoue (US 6372175 B1). Regarding claim 4, Murphy discloses the method of claim 1, wherein flowing the molten polymeric material into the mold comprises injecting a material comprising a plurality of pellets (¶ [0061] – polymeric material in pelletized form). Murphy does not explicitly disclose a plurality of pellets of different compositions and/or sizes. However, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that the polymeric material in pelletized form would have slightly varying sizes; therefore meeting the limitation “pellets of different sizes”. In arguendo Murphy does not disclose a plurality of pellets of different compositions and/or sizes, Inoue is applied. Analogous art Inoue discloses an injection molding machine where plastic resin, in the form of small resin pellets, is added to a hopper (c. 1, L. 28-34). The pellets are fed into an extrusion device , which is a heated cylinder with a screw (c. 1, L. 28-34). The resin pellets are plasticized and extruded from an aperture to a mold (c. 1, L. 28-34). Inoue further discloses a plurality of pellets of different sizes (claim 1 – pellets have an average height to width ratio of between 0.82 and 1; as the pellets have an average height to width ratio, the pellets would vary in height, width, and size). Murphy and Inoue disclose a method with the same or similar components performing the same or similar function in regards to injection molding with pellets. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the average ratio of pellets in Inoue to the pellets of polymeric material in Murphy to reduce plasticizing time and its variability (claim 1; c. 2, L 60-67). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as obvious over Murphy (US 2016/0039162 A1) in view of Stockbridge (US 2020/0281314 A1). Regarding claim 8, Murphy discloses the method of claim 1. Murphy further discloses the method comprises a consistent, reproducible period of time (¶ [0021] – mold cavity in an expanded position for a second time period after) after the molten polymeric material is released from the mold and expands (¶ [0098] – mold cavity is then expanded to form the foamed part, which can then be removed from the mold). Murphy does not explicitly disclose thermally curing the molten polymeric material over a consistent, reproducible period of time. Analogous art Stockbridge discloses the making of a foamed shoe sole from a pre-expanded polymer material through three-dimensional supercritical fluid expansion (¶ [0011]). Crosslinkers may be used (¶ [0080]). Injection molding involves melting the polymer or polymer compound pellets, beads, or particles followed by injecting it under pressure into a mold cavity (¶ [0091]). Stockbridge further discloses disclose thermally curing the molten polymeric material (¶ [0091] – wherein the plastics are thermally crosslinked or solidified by cooling) over a consistent, reproducible period of time (¶ [0102] – optimized curing time). Murphy and Stockbridge disclose methods with the same or similar components performing the same or similar function in regards to injection molding using polymeric material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the crosslinkers and thermally crosslinking the plastic over an optimized curing time in Stockbridge to the step of expanding the mold cavity over a second time period in Murphy to stabilize bubbles during foam expansion, enhance the resistance of the cellular product to thermal collapse, and improve mechanical properties of the final foamed product (¶ [0080]). Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5447425 A discloses an injection molding assembly including an automatic control unit to inject molten foamable material into a mold cavity of the mold unit until the pressure inside reaches a first predetermined value US 2016/0214286 A1 discloses a method for producing a moulded part by structural foam moulding, wherein rate of injection of polymer melt is injected into the cavity of a mould is set such that the internal pressure greater than the critical pressure of the foaming agent US 2019/0022907 A1 discloses a process of making the solid part including pressurizing the plasticizing unit with a blowing agent, dissolving the blowing agent into the melt, injecting the melt, and foaming solid part US 2015/0174803 A1 discloses a method for injection molding overmolded articles including heating thermoplastic material and maintaining a substantially constant melt pressure in the proximity of the injection element US 2020/0094458 A1 discloses a method for operation of a molding system including flowing a molten polymeric material into a shot tuning chamber from an upstream device, adjusting a temperature and/or pressure applied, and flowing the molten polymeric material into a mold cavity EP 3100841 A1 discloses an injection molding machine including a monitoring unit that monitor the injection pressure and molten state US 2020/0368951 A1 discloses an additive injection system at a substantially constant pressure injection molding process where plastic is injected into a mold cavity and left to expand and crosslink for a specified hold time Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET. 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, Susan Leong can be reached at (571) 270-1487. 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. /JONATHAN B WOO/Examiner, Art Unit 1754 /MATTHEW J DANIELS/Primary Examiner, Art Unit 1742 Application/Control Number: 19/015,354 Page 2 Art Unit: 1754 Application/Control Number: 19/015,354 Page 3 Art Unit: 1754 Application/Control Number: 19/015,354 Page 4 Art Unit: 1754 Application/Control Number: 19/015,354 Page 5 Art Unit: 1754
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