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 .
This office action is in response to applicant’s amendments filed on April 14, 2026. Claims 1-11 and 13-18 are pending. Claim 12 has been cancelled. Claim 1 has been amended. Claims 16-18 are new.
All prior rejections are withdrawn in view of applicant’s amendments to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
(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(b):
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 1-11 and 13-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “an insoluble extraction residue” but applicant only has basis for water-insoluble. Since what the extraction residue is insoluble in hasn’t been defined, it is broader in scope than just water-insoluble. For examination purposes the examiner interpreted insoluble to mean water-insoluble. Claims 2-11 and 13-18 are also rejected for being dependent upon claim 1 and inheriting the same deficiency.
Claims 1-11 and 13-18 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 1 recites “an insoluble extraction residue” but applicant only but what the extraction residue is insoluble in hasn’t been defined. For examination purposes the examiner interpreted insoluble to mean water-insoluble. Claim 1 also recites “the extract” in the next to last line but does not refer to an extract anywhere else in the claim, therefor “the extract” lacks antecedent basis. Claims 2-11 and 13-18 are also rejected for being dependent upon claim 1 and inheriting the same deficiency.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wenjiang (CN 102127241A): Wenjiang teaches taking plants selected from straw, wheat straw or saltwater grass (marine plant), drying and crushing it, extracting it with aqueous sodium hydroxide, and retrieving an insoluble mass and drying it, adding the 0.1% of insoluble mass without the soluble mass to NMMO and herbaceous plant cellulose and stirring and mixing (page 3, paragraphs 3-4; page 4, example 1). Wenjiang does not teach spinning into fibers.
Hu (CN 101628948) teaches that putting straw in NaOH solution for 6-24 hours extracts the hemicellulose and therefore in Wenjiang the insoluble product would not contain the hemicellulose uronic acids. The uronic acids would be in the liquid extract not in the insoluble portion.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMINA S KHAN/
Primary Examiner, Art Unit 1761
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