Prosecution Insights
Last updated: September 17, 2026
Application No. 19/045,786

Device for Venting and Ejection, and a Mold with Device Therein

Non-Final OA §102§103
Filed
Feb 05, 2025
Priority
Feb 05, 2024 — TW 113104540 +1 more
Examiner
ROBINSON, MICHAEL
Art Unit
Tech Center
Assignee
Voestalpine Technology Institute (Asia) Co. Ltd.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
269 granted / 436 resolved
+1.7% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
28 currently pending
Career history
471
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
52.8%
+12.8% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 436 resolved cases

Office Action

§102 §103
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 Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Taiwan on 02-05-2024. It is noted, however, that applicant has not filed a certified copy of the TW 113104540 application as required by 37 CFR 1.55. Election/Restrictions Applicant’s election without traverse of Group I in the reply filed on 8/04/2026 is acknowledged. Claim Interpretation Claims 15-21 recite a “a device for venting and ejection for an injection mold”. That is, these claims do not positively recite an injection mold. The claims are not limited to any particular apparatus and are met by any single part capable of venting and ejection. The various parts of the injection mold such as a “feeding inlet” and “mold cavity” are considered intended uses of the part. The courts have held that “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), see MPEP § 2114. 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 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. Claim(s) 15-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nachtmann (WO 2019/097036 A1). Regarding claim 15, Nachtmann meets the claimed device for venting and ejection for an injection mold, (vent element 10, any type of mould 5 can be used in connection with the present invention, pg. 17, lines 1-5, Fig. 1-7), the device comprising: a gas permeable layer (a porous support element 3, in the embodiment shown being formed from a porous material. The porous support element 3 is gas permeable and so capable of venting the gas 11 therethrough, pg. 18, lines 15-20) disposed on the movable mold and positioned at an end of the mold cavity, the gas permeable layer formed of a porous metal material (the porous support material 3 comprises a sintered metal material, pg. 18, line 21) having a plurality of interconnected pores that allow gas to pass through the gas permeable layer; (porous support element 3 may have a pore size selected for any particular application and may for example be microporous, pg. 18, lines 23-25) and a gas storage chamber (part 6, Fig. 1-7) arranged on a side of the gas permeable layer opposite the mold cavity, (Examiner notes chamber 6 is oppose the porous element 3, Fig. 1-7) including a chamber cavity that only communicates with the interconnected pores. (Examiner notes the entire device of Nachmann when placed in a mold cavity or seal enclosure only allows gas to communicate with the porous support material 3). Examiner notes that further claimed in considered the intended use of the device, see MPEP § 2114. “the injection mold including a fixed mold provided with a feeding inlet, and a movable mold, wherein the fixed mold and the movable mold form a mold cavity when clamped together, and the mold cavity communicates with the feeding inlet from which raw material is fed into the mold cavity for forming a product…wherein when injecting the raw material into the mold cavity to form a product, gas in the mold cavity is compressed, passes through the gas permeable layer and is stored in the chamber cavity; and when separating the movable mold from the fixed mold to remove the product, the compressed gas stored in the chamber cavity passes back through the gas permeable layer to the mold cavity through the pores to facilitate separation of the product from the mold cavity. Nachmann teaches vent element 10, any type of mould 5 can be used in connection with the present invention, pg. 17, lines 1-5, Fig. 1-7. Regarding claim 16, Nachtmann meets the claimed device according to claim 15, wherein the device comprises an integrally formed metal structure. (housing element 54 may be made from a cast or machined metal material, pg. 24, lines 6-7, Fig. 1-7). Regarding claim 17, Nachtmann meets the claimed device according to claim 15, wherein the device is manufactured by powder metallurgy or three-dimensional printing. Examiner notes the method of making does not limit the structure of the claimed device, see MPEP 2113. Moreover, Nachtmann teaches the porous support material 3 comprises a sintered metal material, pg. 18, line 21, which meets the claimed powder metallurgy. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. Claim 18-21 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nachtmann (WO 2019/097036 A1) in view of Yamamoto (JP 2004299085 A). Regarding claim 18, Nachtmann meets the claimed device according to claim 15, but is silent on the further claimed wherein a side of the gas permeable layer adjacent the mold cavity has a higher density than the side of the gas permeable layer opposite the mold cavity. Yamamoto teaches ventilation part 9B is a high ventilation layer made of a porous metal body having air permeability with fine pores having an average pore diameter of about 50 μm, and the molded part 9C has finer pores (average pore diameter of about 10 μm), It is a dense layer having gas permeability that allows gas to pass easily but does not allow molten resin to pass, [0032]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the varied density ventilation layers of Yamamoto with the porous element of Nachtmann because having the dense layer 9C facing the mold cavity, a highly viscous molten resin cannot flow through during molding, see Yamamoto [0040]. Regarding claim 19, Nachtmann meets the device according to claim 15, but is silent on wherein the gas permeable layer has a region of higher density and one or more regions of lower density, and the region of higher density has a thickness in a range of 1 to 2 millimeters (mm). Nachmann teaches the film layer 1 may have the following properties alone or in combination: an average thickness in a range of 20-60 μm, material 3 and film layer 1 may have a total thickness of approx. 1.5 mm, pg. 20, line 31- pg. 21, line 5. Yamamoto teaches ventilation part 9B is a high ventilation layer made of a porous metal body having air permeability with fine pores having an average pore diameter of about 50 μm, and the molded part 9C has finer pores (average pore diameter of about 10 μm), It is a dense layer having gas permeability that allows gas to pass easily but does not allow molten resin to pass, [0032]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the varied density ventilation layers of Yamamoto with the porous element of Nachtmann to achieve a thickness of 1 to 2 mm because having the dense layer 9C facing the mold cavity, a highly viscous molten resin cannot flow through during molding, see Yamamoto [0040], and such a thickness achieves gas flow from a mold, see Nachmann, pg. 21. Regarding claim 20, Nachtmann meets the claimed device according to claim 19, wherein the one or more regions of lower density comprise geometric bodies based on a crystal structure. (Nachtmann teaches Nachtmann teaches the porous support material 3 comprises a sintered metal material, pg. 18, line 21. Examiner notes the claimed “geometric bodies based on a crystal structure” are presumed inherent for sintered metal powder). It has been held that when the claimed and prior art products are at least substantially identical, claimed properties are presumed to be inherent. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP §2112.01 Regarding claim 21, Nachtmann meets the claimed device according to claim 18, wherein the density of the gas permeable layer is gradually reduced from the side adjacent the mold cavity the side opposite the mold cavity. Nachtmann teaches a skilled person will appreciate that by varying commonly known parameters for forming such film layers or membranes, advantageous properties for gas permeability, thickness, density, pg. 5, lines 24-26. Yamamoto teaches that the porosity of the portion constituted by the first slurry layer L1 is in the range of 20 to 60%, and the porosity of the portion constituted by the second slurry layer L2 is in the range of 85 to 98%. is there. The fired body thus obtained can be subjected to a rolling treatment as necessary to obtain a desired thickness or porosity, see [0060]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the varied density ventilation layers of Yamamoto with the porous element of Nachtmann to achieve gradually reduced density to optimize the gas permeability as taught by Nachmann, pg. 5, lines 24-26. Allowable Subject Matter Claims 22-28 and 35-40 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art includes Yamamoto (JP 2004299085 A) and Nachtmann (WO 2019/097036 A1). Regarding claim 22, Yamamoto meets the claimed injection mold comprising: a fixed mold and a movable mold,( a fixed mold 2 and a movable mold 3, Fig. 1-3, [0027]) the fixed mold provided with a feeding inlet, (runner 11 and gate 12, Fig. 1, [0036]) the fixed mold and the movable mold forming a mold cavity when clamped together, (cavity 4) wherein the mold cavity communicates with the feeding inlet from which raw material is fed into the mold cavity for forming a product; ( molten resin is injected into the cavity 4 from the gate 12) and a device for venting and ejection, the device including: a gas permeable layer (gas release pin 9 fitted in the pin insertion hole 14 includes ventilation portion 9B, [0030]) disposed on the movable mold and positioned at an end of the mold cavity, the gas permeable layer formed of a porous metal material having a plurality of interconnected pores that allow gas to pass through the gas permeable layer; (ventilation part 9B is a high ventilation layer made of a porous metal body having air permeability with fine pores, [0032]) and a gas storage chamber (space 15A and 15B, Fig. 1) arranged on the side of the gas permeable layer opposite the mold cavity, gas in the mold cavity is compressed, passes through the gas permeable layer and is stored in the chamber cavity; (the inside of the cavity 4 and the outside of the mold are communicated via the ventilation portion 9b and the ventilation hole 15, [0035]) Yamamoto does not teach including a chamber cavity that only communicates with the pores; wherein when injecting the raw material into the mold cavity to form a product, and when separating the movable mold from the fixed mold to remove the product, the compressed gas stored in the chamber cavity passes back through the gas permeable layer to the mold cavity through the pores to facilitate separation of the product from the mold cavity. Nachmann teaches vent element 10, any type of mould 5 can be used in connection with the present invention, pg. 17, lines 1-5, Fig. 1-7. However, Nachmann teaches the vent element 10 has an inflow surface 40 facing the mould cavity 53 and an outflow surface 42 adjacent to a duct 6 to the outside of the mould 50, pg. 18 lines 15-17. Thus, the prior does not teach or suggest a chamber cavity that only communicates with the pores; wherein when injecting the raw material into the mold cavity to form a product, and when separating the movable mold from the fixed mold to remove the product, the compressed gas stored in the chamber cavity passes back through the gas permeable layer to the mold cavity through the pores to facilitate separation of the product from the mold cavity Claims 23-28 are allowed because each claim depends from claim 22 and requires the limitations of claim 22. Claim 35 is allowed because it similarly recites an injection mold including a chamber cavity that only communicates with the pores. wherein when injecting the raw material into the mold cavity to form a product, gas in the mold cavity is compressed, passes through the gas permeable layer and is stored in the chamber cavity; and when separating the first and second molds to remove the product, the compressed gas stored in the chamber cavity passes back through the gas permeable layer to the mold cavity through the pores to facilitate separation of the product from the mold cavity. Claims 36-40 are allowed because each claim depends from claim 35 and requires the limitations of claim 35. Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wilson (US 2017/0341277 A1) teaches a molding apparatus where shrinkage compensation mechanism 50 may act to force air, mold release or other non-polymer fluid out the region into which the mechanism expands [0039]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM. 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, Sam Zhao can be reached at (571)270-5343. 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. /MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744
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Prosecution Timeline

Feb 05, 2025
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
62%
Grant Probability
82%
With Interview (+20.3%)
2y 11m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 436 resolved cases by this examiner. Grant probability derived from career allowance rate.

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