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 .
Claim Objections
Claims 12-13 objected to because of the following informalities: in claim 12, “comprising including” should be amended such as “comprising . Appropriate correction is required.
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.
Claims 11 and 16-18 are 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 11 recites “any one of the preceding claimsclaim 1” which is indefinite. The Examiner suggests the following amendments: “
Claim 16 recites “any one of the preceding claimsclaim 1” which is indefinite. The Examiner suggests the following amendments: “
Claim 17 recites “any one of claims 1-15claim 1” which is indefinite. The Examiner suggests the following amendments: “
Claim 18 is rejected as being dependent upon a rejected claim.
For further examination purposes, the scope of the claims are read in light of the suggested Examiner amendments above.
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) 1-4, 6-10 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016).
Vermeulen (US 2010/0055420) discloses a method (fig. 1; [0021]-[0030]) to produce a substrate (figs. 1-2) comprising at least one foamed layer ([0023], foamed structure core), the method comprising
applying a compounded material 3 on a carrier 11, wherein the compounded
material 3 comprises a thermoplastic material and a blowing agent ([0023], polymeric (thermoplastic) material incorporated (compounded) with a blowing agent),
applying heat and pressure in a pressing device 4, 5, 7, 8 to the compounded material 3 to
form the at least one foamed layer ([0027]-[0028], apply heating and pressure; [0023], foamed structure core is formed).
However, Vermeulen (US 2010/0055420) does not disclose the method wherein the blowing agent has an activation temperature being higher than processing temperatures for forming the compounded material.
Vermeulen (US 2010/0055420) further discloses that the compounded material 3 can be in pelletized form (i.e., pellets).
Gwinn (US 4,385,016) discloses a method (fig. 1; abstract; col. 1, line 9, to col. 4, line 8) of making compounded expandable (foamable) compositions in the form of pellets, wherein a blowing agent is compounded into a polymeric material (col. 1, lines 14-18), wherein the blowing agent has an activation temperature being higher than processing temperatures for forming the compounded material (abstract; col. 1, line 54, to col. 2, line 2; col. 2, lines 38-43; col. 3, lines 63-65; forming processing temperatures are below the activation temperature to prevent activation of the blowing agent).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the method pellets of Vermeulen (US 2010/0055420) with pellets, as disclosed by Gwinn (US 4,385,016), with a reasonable expectation of success because Vermeulen (US 2010/0055420) discloses using compounded (polymeric material incorporated with blowing agent) pellets and because Gwinn (US 4,385,016) discloses a source of such compounded pellets. Such a modification would provide an alternative configuration for the pellets capable of being expanded (foamed).
As to claim 2, Gwinn (US 4,385,016) discloses compounded pellets as mentioned above.
As to claim 3 Vermeulen (US 2010/0055420) further discloses the method wherein a pressing temperature when applying heat and pressure is higher than the activation temperature of the blowing agent such that the at least one foamed layer is foamed during and/or after pressing ([0023], [0027), “a cellular foam structure core” is made after applying heat and pressure; it would be obvious, if not inherent, that the pressing temperature would be at or higher than the activation temperature of the blowing agent because a cellular foam structure core was made (i.e., the blowing agent was activated in order to make the foam structure)).
As to claim 4, Vermeulen (US 2010/0055420) further discloses the method wherein the pressing temperature is exceeding 200°C ([0027], 180°C to 250°C).
As to claim 6, Vermeulen (US 2010/0055420) further discloses the method (col. 3, line 42, to col. 4, line 8) wherein the method further comprises forming the compounded material, wherein the processing temperatures are less than 200°C, wherein the compounded material is formed at the processing temperatures (col. 3, lines 63-65; less than 375°F (less than 190.6°C).
As to claim 7, Vermeulen (US 2010/0055420) further disclose the method wherein the blowing agent is chosen from the group of azo compounds, hydrazine derivates, semicarbazides, tetrazoles, nitroso compounds, carbonates and expandable microspheres (col. 3, lines 32-35; 2,2’azobis(2-methylpropionitrile) and azodicarbonamide (azo compounds)).
As to claim 8, Vermeulen (US 2010/0055420) further disclose the method wherein the blowing agent comprises azodicarbonamide (col. 3, lines 32-35).
As to claim 9, Vermeulen (US 2010/0055420) further discloses the method wherein the thermoplastic material is chosen from the group of PVC, PP, PE, PET, TPU, PVAc, and PVB ([0023], PE, PVC, PP).
As to claim 10, Gwinn (US 4,385,016) further discloses the method wherein the compounded pellets have a diameter and/or a thickness of 0.5 to 5 mm (col. 4, lines 8-12, diameter of about 160-165 mil (4.06-4.19 mm), thickness of about 60-70 mil (1.52-1.78 mm).
As to claim 14, Vermeulen (US 2010/0055420) further discloses the method wherein the pressing device is a double belt press 4, 5 (fig. 1).
As to claim 15, Vermeulen (US 2010/0055420) further discloses the method wherein the pressing device comprises at least one heating zone 6A, 6B and at least one pressing zone 7, 8 (fig. 1; [0027].
As to claim 16, Gwinn (US 4,385,016) further discloses the method wherein the compounded material is formed by mixing the thermoplastic material with the blowing agent to a dry-blend and compounding the dry-blend to obtain the compounded material comprising the blowing agent (see figure; col. 3, line 42, to col. 4, line 8; “particulate resin” (i.e., dry thermoplastic material) and “dusty” blowing agent (i.e., dry blowing agent) are mixed into a dry-blend (since they are dry) in the feed hopper of the extruder 7 (fig. 1) and compounding the dry-blend in the extruder 7 to obtain the compounded material comprising the blowing agent).
As to claim 17, Gwinn (US 4,385,016) further discloses the method wherein the compounded material is formed by mixing and compounding the thermoplastic material with the blowing agent in an extruder 7 (see figure; col. 3, line 42, to col. 4, line 8).
As to claim 18, Gwinn (US 4,385,016) further discloses the method further comprising
pelletizing the compounded material into compounded pellets (col. 4, lines 4-8).
As to claim 19, Gwinn (US 4,385,016) further discloses the method wherein the compounded material further comprises fillers (col. 3, lines 47-53; “resin powder (fluff)” (i.e., fillers), and Vermeulen (US 2010/0055420) further discloses the method wherein the compounded material further comprises fillers ([0023]-[0024], fibers (fillers)).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) and Danzik (US 2004/0075194).
This is an alternative rejection for claim 2 to address alternative claim language in claim 2.
Vermeulen (US 2010/0055420) discloses a method (fig. 1; [0021]-[0030]) to produce a substrate (figs. 1-2) comprising at least one foamed layer ([0023], foamed structure core), the method comprising
applying a compounded material 3 on a carrier 11, wherein the compounded
material 3 comprises a thermoplastic material and a blowing agent ([0023], polymeric (thermoplastic) material incorporated (compounded) with a blowing agent),
applying heat and pressure in a pressing device 4, 5, 7, 8 to the compounded material 3 to
form the at least one foamed layer ([0027]-[0028], apply heating and pressure; [0023], foamed structure core is formed).
However, Vermeulen (US 2010/0055420) does not disclose the method wherein the blowing agent has an activation temperature being higher than processing temperatures for forming the compounded material; OR the compounded material being particles obtained from compounded pellets.
Vermeulen (US 2010/0055420) further discloses that the compounded material 3 can be in pelletized form (i.e., pellets).
Gwinn (US 4,385,016) discloses a method (fig. 1; abstract; col. 1, line 9, to col. 4, line 8) of making compounded expandable (foamable) compositions in the form of pellets, wherein a blowing agent is compounded into a polymeric material (col. 1, lines 14-18), wherein the blowing agent has an activation temperature being higher than processing temperatures for forming the compounded material (abstract; col. 1, line 54, to col. 2, line 2; col. 2, lines 38-43; col. 3, lines 63-65; forming processing temperatures are below the activation temperature to prevent activation of the blowing agent).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the method pellets of Vermeulen (US 2010/0055420) with pellets, as disclosed by Gwinn (US 4,385,016), with a reasonable expectation of success because Vermeulen (US 2010/0055420) discloses using compounded (polymeric material incorporated with blowing agent) pellets and because Gwinn (US 4,385,016) discloses a source of such compounded pellets. Such a modification would provide an alternative configuration for the pellets capable of being expanded (foamed).
Danzik (US 2004/0075194) discloses a method of making compounded expandable (foamable) compositions in the form of pellets, wherein a blowing agent is compounded into a polymeric material, and then the compounded pellets are ground (i.e., made into particles) to the appropriate size for molding (i.e., forming foamable products)(title; [0006]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method by grounding the compounded pellets to provide the compounded material, as disclosed by Danzik (US 2004/0075194), with a reasonable expectation of success because such a modification would provide an alternative configuration for the compounded material known to be operable for forming foamable products and because Vermeulen (US 2010/0055420) further discloses that the compounded material can be pellets or powder (i.e., particles ) [0023].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Kalish et al. (US 2021/0317279).
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the limitations of claim 5.
Kalish et al. (US 2021/0317279) discloses a method wherein an activation temperature of a blowing agent is or exceeds 200°C ([0071], temperatures from 150°C to 270°C assists (activates) the blowing agent in generating voids to form foam).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein an activation temperature of a blowing agent is or exceeds 200°C, as disclosed by Kalish et al. (US 2021/0317279), because such a modification is known in the art and would provide an alternative configuration for the method known to be operable for activating a blowing agent.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Meree et al. (US 2022/0055264).
This is an alternative rejection for claim 7 to address alternative claim language in claim 7.
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the method wherein the blowing agent is chosen from the group of azo compounds, hydrazine derivates, semicarbazides, tetrazoles, nitroso compounds, carbonates, and expandable microspheres.
Meree et al. (US 2022/0055264) discloses blowing agents can include azo compounds,
hydrazine derivates, semicarbazides, tetrazoles, nitroso compounds, carbonates, expandable microspheres OR azodicarbonamide ([0044], Table 1, [0058]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein the blowing agent is chosen from the group of azo compounds, hydrazine derivates, semicarbazides, tetrazoles, nitroso compounds, carbonates, and
expandable microspheres, OR wherein the blowing agent comprises azodicarbonamide, because such a modification is known in the art and would provide an alternative configuration for the blowing agent known to be operable in the art.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Spies et al. (US 2023/0173794).
This is an alternative rejection for claim 9 to address alternative claim language in claim 9.
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the method wherein the thermoplastic material is chosen from the group of PET and TPU.
Spies et al. (US 2023/0173794) discloses a method of making a substrate using a double belt press to make a foamed layer including a thermoplastic material wherein the thermoplastic material is chosen from the group of PET and TPU (fig. 1; [0055], [0066]; thermoplastic polyurethane (TPU), PET).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein the thermoplastic material is chosen from the group of PET and TPU, as disclosed by Spies et al. (US 2023/0173794), because such a modification is known in the art and would provide an alternative configuration for the method capable of making a PET or TPU layer product.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Collins (US 3,250,834).
This is an alternative rejection for claim 9 to address alternative claim language in claim 9.
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the method wherein the thermoplastic material is chosen from the group of PVAc, and PVB.
Collins (US 3,250,834) discloses a method of making a foamable pellets to form foamed articles including a thermoplastic material wherein the thermoplastic material is chosen from the group of PVAc and PVB (col. 1, lines 10-15; col. 3, lines 60-70, resins (polymer) made of vinyl acetate (PVAc) or vinyl butyrate (PVB)).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein the thermoplastic material is chosen from the group of PVAc and PVB, as disclosed by Collins (US 3,250,834), because such a modification is known in the art and would provide an alternative configuration for the method capable of making a PVAc or PVB layer product.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Van Vlassenrode et al. (US 2019/0153734).
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the limitations of claims 11-13.
As to claim 11, Van Vlassenrode et al. (US 2019/0153734) discloses a method to produce a substrate, wherein a first layer 9A of a compounded material is applied on a carrier 25, and a
second layer 9B of the compounded material is applied on the first layer 9A (fig. 4; [0127]-[0131]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein a first layer of the compounded material is applied on a carrier, and a second layer of the compounded material is applied on the first layer, as disclosed by Van Vlassenrode et al. (US 2019/0153734), because such a modification is known in the art and would provide an alternative configuration for the method capable of producing a double layer product.
As to claims 12-13, Van Vlassenrode et al. (US 2019/0153734) discloses a method to produce a substrate, comprising at least one reinforcement layer 12 in or on the substrate, and further comprising applying the reinforcement layer 12 on a first layer 9A of a compounded material applied on a carrier 25, and applying a second layer 9B of the compounded material on the reinforcement layer 12 (fig. 3; [0117]-[0126]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method to include at least one reinforcement layer in or on the substrate, and to include applying the reinforcement layer on a first layer of the compounded material applied on the carrier, and applying a second layer of the compounded material on the reinforcement layer, as disclosed by Van Vlassenrode et al. (US 2019/0153734), because such a modification is known in the art and would provide an alternative configuration for the method capable of producing a reinforced double layer product.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vermeulen (US 2010/0055420) in view of Gwinn (US 4,385,016) as applied to claims 1-4, 6-10 and 14-19 above, and further in view of Spies et al. (US 2023/0172794).
Vermeulen (US 2010/0055420) and Gwinn (US 4,385,016) do not disclose the limitations of claim 20.
Spies et al. (US 2023/0172794) discloses a method of making a substrate using a double belt press, wherein at least one foamed layer 101,109 has a density of 1.0-1.9 kg/dm³ (fig. 1; [0025]-[0029], [0066], density of more than 1000g/l (more than 1.0 kg/dm³).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the method wherein the at least one foamed layer has a density of 1.0-1.9 kg/dm³, as disclosed by Spies et al. (US 2023/0172794), because such a modification is known in the art and would provide an alternative configuration for the method capable of producing high density products. As to the limitations of “as measured according to ISO 1183”, it would be further obvious to use known measuring standards to ensure accurate comparisons based on those measuring standards.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.L/Examiner, Art Unit 1744
/John J DeRusso/Primary Examiner, Art Unit 1744
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