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 .
Response to Amendment
Claims 3-4 and 28 are cancelled.
Claims 1-2, 5-9, and 11-27 maintain rejected.
In view of the amendment, filed on 01/20/2026, the following new grounds of the rejections are necessitated as a result of the amendment to the claims:
New Grounds of the Rejections
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 1-2, 5-7, and 13-27 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.
Claims 1 and 13 recite the limitation of “the content of the food waste materials” in 13th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, neither claim define “a content of the food waste materials”.
Claims 1 and 13 recite the limitation of “the food waste materials” in 13th line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the cited limitation, claims 1 and 13 recite “a waste material including food waste” in 1st and 2nd lines. Neither claims 1 and 13 define “food waste materials”.
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.
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 non-obviousness.
Claim(s) 1-2, 5-6, 7, 12, and 16-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. (US 20060194900 A1) in view of Torkelson et al. (US 10814529 B1, hereinafter Torkelson) and further in view of Matsuo et al. (JP 2005-329688, hereinafter Matsuo, see English Translation, the prior art recorded by Applicant), as evidenced by Mussatto et al. (“A study on chemical constituents and sugar extraction from spent coffee grounds”) and further evidenced by Tiefenbacher (Technology of Wafers and Waffles I - Operational Aspects), and evidenced by Torrado et al. (Citric Acid Production from Orange Peel Wastes by Solid-State Fermentation, hereinafter Torrado) and chemical book NPL.
Regarding claim 1, Chow discloses a process (method of making biodegradable coffeelastic kitchenware, see [0035]) of manufacturing a molded body (biodegradable coffeelastic kitchenware, see [0035]) from waste material (coffee bean waste, [0035-0037]) including food waste (coffee bean waste, see example 1 [0035-0037]), the method comprising:
Preparing dry powder (coffee bean waste, see [0036]) made from at least the waste material (coffee bean waste, see [0036]) ([0036] teaches a method of cleaning, drying, and grounding coffee bean waste)
Forming a molded body (biodegradable coffeelastic kitchenware, see [0035]) by pressurizing the dry powder (coffee bean waste, see [0036]) in a state in which the dry power (coffee bean waste, see [0036]) is heated to a predetermined temperature (100-140 ° C, see [0037]) ([0037] teaches the coffee bean waste is pressurized in a mold between 10-120 psi and kept at a temperature between 100-140 ° C to form the biodegradable coffeelestic kitchenware)
Mussatto discloses that spent coffee grounds contain sugar containing mannose, galactose, arabinose, and glucose (see abstract). Mannose in particular has a melting point between 133-140 ° C, see chemicalbook NPL. Thus, as evidenced by Mussatto and chemicalbook, Chow discloses a waste material which contains sugar (Mannose) and a predetermined temperature (100-140 ° C, see [0037]) which melts said sugar.
Chow fails to disclose that said waste material is a part or entirety of one or more materials selected from the group consisting of green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches
In the same field of endeavor, (manufacturing molded body, see instant spec. [0001]) Torkelson teaches developing novel, green polymer composite materials (see Col. 4 ll. 65- Col. 5 ll. 5) capable of being molded (Col. 5 ll. 34-45). Torkelson further discloses in example 4 that orange peel can be incorporated into a polymer such that a uniform powder is made, and said orange peels give the polymer matrix a unique scent that can be used to mask odors from foul smelling substances.
A person of ordinary skill in the art, hereinafter POSITA, before the effective filing date of the claimed invention would have found it obvious to modify Chow in view of Torkelson such that the waste material (coffee bean waste, see [0036]) comprises of orange peel in order to impart a unique scent on the dry power (coffee bean waste, see Chow [0036]), wherein said unique scent capable of masking odors of foul smelling substances as taught by Torkelson in example 4.
It should be noted that orange peel comprises of fructose (see Torrado introduction ¶2) and Fructose has is a sugar that has a melting point of 103 Celcius (see Tiefenbacher NPL Table 3.13), and thus is melted at the predetermined temperature (100-140 ° C, see Chow [0037]).
Also, in the same field of endeavor, Matsuo et al. (JP ‘688) disclose a manufacturing method for producing plant material tray containers comprising the following steps:
- pulverizing and pulverizing the vegetable raw material and the binder;
- measuring, stirring and mixing the pulverized and pulverized vegetable raw material and the binder; and
- the stirred vegetable raw material and the A plant raw material tray container comprising a third step of forming a molded product of a tray container by heating and pressurizing the binder mixture with a molding machine and a fourth step of coating the molded product of the tray container.
As to claim 1, Matsuo et al. (JP ‘688) disclose a method of manufacturing a molded body (“plant-based raw material tray containers” in paragraph [003]) from a waste material (“plant-based raw material” in paragraph [003], “food waste” (see claim 2)) including at least one of food waste and seaweed, the method comprising:
- Preparing dry powder made from at least the waste material (“first step” in paragraph [003] and English Translation: claims 7-8); and
- Forming a molded body by pressurizing the dry powder in a state in which the dry powder is heated to a predetermined temperature (“third step” in paragraph [003] and English Translation: claims 7-8);
- Wherein thermos-compression in the forming of the molded body is performed at a temperature of 50 ̊C or higher and 200 ̊C or lower (“130 ̊C to 270 ̊C” in paragraph [003]) and a pressure of 4 MPa or more and 50 MPa or less (“5.5 MPa +- 1.5 MPa” in paragraph [003] and English Translation: claims 7-8), and
- a content of at least one of food waste and seaweed in the molded body is 60% by weight or more (“80% to 85% of plant-based raw material” in paragraph [003] and English Translation: claims 7-8).
- Moreover, Matsuo et al. (JP ‘688) teach the plant raw material is a cereal shell, such as such as rice hulls and wheat hulls, and vegetable waste such as rushes, thinnings and bamboos, natural cellulose, a waste portion of coconut grass, or a food waste (see the abstract and claim 2) which are a part or the entirety of one or more materials selected from the group consisting of orange, green soybeans, pumpkin, cabbage, onion, Chinese cabbage, banana, broccoli, maitake mushrooms, Iyokan, coffee beans, sea lettuce, strawberries, crab shells, spinach, and purple yam, as claimed in claims 1 and 16-27.
Further, Matsuo et al. (JP ‘688) teach the object of the invention is to improve the strength (paragraph [002]). Therefore, it could have been easily attained by a person skilled in the art to consider the strength of the molded article formed based on the method disclosed in Matsuo et al. (JP ‘688) and to set the three-point bending strength of the molded body to 3 MPa or more.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention to modify the modified teachings of Chow such that the waste material to be selected from the group consisting of green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches and further to adjust the content of the food waste material in the molded body to be 70% by weight or more in order to improve the strength of the molded article and to set the three-point bending strength of the molded body to 3 MPa or more, as suggested by Matsuo et al. (JP ‘688): see ¶ [002])
Regarding claim 2, Modified Chow discloses a method (see Chow [0035]) according to claim 1, wherein the food waste (orange peel, see Torkelson example 4 ; and coffee bean waste, Chow [0035-0037]) is an inedible portion (orange peel and coffee bean waste, see Torkelson example 4 and respectively Chow [0035-0037]) of food.
Regarding claim 5, Modified Chow discloses a method (see Chow [0035]) according to claim 1, wherein predetermined temperature (100-140 ° C, see Chow [0037]) is between 50 and 200 ° C.
Regarding claim 6, Modified Chow in view of Matsuo teach in the forming of the molded body, a pressure applied to the dry powder is 4 MPa or more and 50 MPa or less. (see Matsuo: paragraph [003] and English Translation: claims 7-8)
Regarding claim 7, Modified Chow discloses a method (see Chow [0035]) according to claim 1, wherein the preparing of the dry powder (orange peel and coffee bean waste, see Torkelson example 4 and respectively Chow [0035-0037]) includes:
Drying the waste material (orange peel and coffee bean waste are dried, see Torkelson example 4 wherein the orange peel is incorporated such that it is a powder and Chow [0035-0037] respectively):
Crushing the dried waste material (orange peel and coffee bean waste) to prepare the dry powder (both the orange peel and coffee bean waste are powdered and thus dried, see Torkelson example 4 and Chow [0035-0037] respectively).
Regarding claim 12 Modified Chow discloses a method (see Chow [0035]) according to claim 1, wherein the molded body consists of the waste material (orange peel and coffee bean waste, see Torkelson example 4 and respectively Chow [0035-0037]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. (US 20060194900 A1) and in view of Torkelson et al. (US 10814529 B1, hereinafter Torkelson) and further in view of Matsuo et al. (JP 2005-329688, hereinafter Matsuo, the prior art recorded by Applicant) and evidenced by Mussatto et al. (“A study on chemical constituents and sugar extraction from spent coffee grounds”) and further evidenced by Tiefenbacher (Technology of Wafers and Waffles I - Operational Aspects), evidenced by Torrado et al. (Citric Acid Production from Orange Peel Wastes by Solid-State Fermentation, hereinafter Torrado) and evidenced by chemicalbook NPL as applied to claim 1, and in further view of Sheng et al. (CN 1230385 A, hereinafter Sheng, see English translation NPL).
Regarding claim 11 Modified Chow discloses a method (see Chow [0035]) according to claim 1, wherein in the forming of the molded body (biodegradable coffeelastic kitchenware, see [0035]), the dry powder (orange peel and coffee bean waste, see Torkelson example 4 and respectively Chow [0035-0037]) is mixed with a plastic (amino resin of Chow [0036] is mixed with the starch and coffee bean waste, wherein amino resin is taught to be a plastic, see Chow[0002]) and thermo-compressed (see heating and pressure applied to mould taught in Chow [0036]).
Modified Chow however does not disclose if said plastic (amino resin of Chow [0036]) is in powder form.
In the same field of endeavor (forming molded bodies from food waste), Sheng discloses a method of manufacturing degradable tableware (see abstract) wherein a product is composed of non-toxic plant straw powder which is an amino resin, and starch, which is thermo-compressed in a mold to form a product, see Pg. 2 3rd paragraph from the bottom of the page.
A POSITA before the effective filing of the claimed invention would have found it obvious to further modify Chow in view of Sheng such that the plastic (amino resin of Chow [0036]) is non-toxic plant straw powder as it is a known amino resin that can yield the predictable result of forming a product when being thermo-compressed in a mold with starch, see MPEP 2143 (I)(D) applying a known technique to yield predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. (US 20060194900 A1) and in view of Bienerth et al. (US 20150069283 A1, hereinafter Bienerth) and evidenced by Mussatto et al. (“A study on chemical constituents and sugar extraction from spent coffee grounds”) and evidenced by chemicalbook NPL.
Regarding claim 8, Chow discloses a process (method of making biodegradable coffeelastic kitchenware, see [0035]) of manufacturing a molded body (biodegradable coffeelastic kitchenware, see [0035]) from waste material (coffee bean waste, [0035-0037]) including food waste (coffee bean waste, see example 1 [0035-0037]), the method comprising:
Preparing dry powder (coffee bean waste, see [0036]) made from at least the waste material (coffee bean waste, see [0036]) ([0036] teaches a method of cleaning, drying, and grounding coffee bean waste)
Forming a molded body (biodegradable coffeelastic kitchenware, see [0035]) by pressurizing the dry powder (coffee bean waste, see [0036]) in a state in which the dry power (coffee bean waste, see [0036]) is heated to a predetermined temperature (100-140 ° C, see [0037]) ([0037] teaches the coffee bean waste is pressurized in a mold between 10-120 psi and kept at a temperature between 100-140 ° C to form the biodegradable coffeelestic kitchenware)
wherein the preparing of the dry powder (coffee bean waste, Chow [0035-0037]) includes:
Drying the waste material (coffee bean waste are dried, see Chow [0035-0037]):
Crushing the dried waste material (dried coffee bean waste) to prepare the dry powder (coffee bean waste is grounded after drying, see Chow [0035-0037]) include the coffee bean waste was rinsed in clean tap water, and then dried and ground to a particle size of 80 to 100 microns. (¶ [0036]) therefore, as to claim 8, Chow discloses the drying of the waste material includes drying the waste material by heating.
Mussatto discloses that spent coffee grounds contain sugar containing mannose, galactose, arabinose, and glucose (see abstract). Mannose in particular has a melting point between 133-140 ° C, see chemicalbook NPL. Thus, as evidenced by Mussatto and chemicalbook, Chow discloses a waste material which contains sugar (Mannose) and a predetermined temperature (100-140 ° C, see [0037]) which melts said sugar.
Chow discloses drying the waste material (coffee bean waste are dried, see Chow [0035-0037]), therefore, Chow discloses the coffee bean waste was rinsed in clean tap water, and then dried and ground to a particle size of 80 to 100 microns. (¶ [0036]) therefore, as to claim 8, Chow discloses the drying of the waste material includes drying the waste material by heating. However, chow does not specify what particular method of drying is used.
In the same field of endeavor (forming molded bodies from food waste), Bienerth teaches a method of producing composites using organic materials (see [0006]) wherein in [0023], as to claim 8, Bienerth teaches powders can be dried by fluidized-bed drying, freeze drying or spray drying to sublimate moisture in the food waste.
Further, Bienerth teach to convert the polymers into water-redispersible polymer powders, the dispersions can, optionally after addition of further protective colloids as drying aids, be dried, for example by means of fluidized-bed drying, freeze drying or spray drying. (see ¶ [0023])
A POSITA before the effective filing of the claimed invention would have found it obvious to further modify Chow in view of Bienerth such that the waste material (coffee bean waste are dried, see Chow [0035-0037]) is freeze dried, as freeze drying is a known technique which can yield the predictable result of drying, see MPEP 2143 (I)(D) applying a known technique to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. (US 20060194900 A1)
Regarding claim 9, Chow discloses a method (method of making biodegradable coffeelastic kitchenware, see [0035]) of manufacturing a molded body (biodegradable coffeelastic kitchenware, see [0035]) from waste material (coffee bean waste, [0035-0037]) including food waste (coffee bean waste, see example 1 [0035-0037]), the method comprising:
preparing of the dry powder (coffee bean waste, Chow [0035-0037]) from waste material (coffee bean waste are dried, see Chow [0035-0037]):
wherein a Forming a molded body (biodegradable coffeelastic kitchenware, see [0035]) by pressurizing the dry powder (coffee bean waste, see [0036]) in a state in which the dry power (coffee bean waste, see [0036]) ]) ([0037] teaches the coffee bean waste is pressurized in a mold between 10-120 psi and kept at a temperature between 100-140 ° C to form the biodegradable coffeelestic kitchenware)
wherein in the forming of the molded body (biodegradable coffeelastic kitchenware, see [0035]), the drying powder (coffee bean waste, see [0036]) is thermo-compressed (see heating and pressure applied to mould taught in Chow [0036]).
In example 1 ([0035-0037]) Chow does not disclose mixing the drying powder (coffee bean waste, see [0036]) with seasoning, wherein it should be noted that seasoning includes edible oils as defined in [0020] of the specification of the instant application. However, in [0023] Chow discloses thermoplastic starch which comprises natural coffee grease for improved processability, mechanical strength, and dimension stability of starch. It should be noted that coffee grease is an edible oil and thus a seasoning as defined in the instant specification.
A POSITA before the effective filing date of the claimed invention would have found it obvious to modify Chow such that the starch of example 1 ([0035-0037]) is replaced with “thermoplastic starch” of Chow [0023] in order to improved processability, mechanical strength, and dimension stability of starch, wherein it should be noted that Chow [0036] teaches mixing the starch and the drying powder (coffee bean waste, see [0036]) and thus modified Chow teaches mixing the coffee grease of the thermoplastic starch with the drying powder (coffee bean waste, see [0036]), as said thermoplastic starch is comprising of coffee grease (wherein coffee grease is analogous to the seasoning of the instant application as it is a sauce such as soy sauce).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. (US 20060194900 A1) and in view of Torkelson et al. (US 10814529 B1, hereinafter Torkelson) and further in view of Matsuo et al. (JP 2005-329688, hereinafter Matsuo, the prior art recorded by Applicant) and evidenced by Mussatto et al. (“A study on chemical constituents and sugar extraction from spent coffee grounds”) and further evidenced by Torrado et al. (Citric Acid Production from Orange Peel Wastes by Solid-State Fermentation, hereinafter Torrado).
Regarding claim 13, Chow discloses thermo-compressed molded body (biodegradable coffeelastic kitchenware, see [0035]) of a waste material (coffee bean waste, [0035-0037]) including food waste (coffee bean waste, see example 1 [0035-0037]),
Mussatto discloses that spent coffee grounds contain sugar containing mannose, galactose, arabinose, and glucose (see abstract). Thus, as evidenced by Mussatto, Chow discloses a waste material which contains sugar (mannose, galactose, arabinose, and glucose).
Chow does not disclose that said waste material is a part or entirety of one or more materials selected from the group consisting of orange peels, green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches.
In the same field of endeavor (manufacturing molded body, see instant spec. [0001]) Torkelson teaches developing novel, green polymer composite materials (see Col. 4 ll. 65- Col. 5 ll. 5) capable of being molded (Col. 5 ll. 34-45). Torkelson further discloses in example 4 that orange peel can be incorporated into a polymer such that a uniform powder is made, and said orange peels give the polymer matrix a unique scent that can be used to mask odors from foul smelling substances.
A person of ordinary skill in the art, hereinafter POSITA, before the effective filing date of the claimed invention would have found it obvious to modify Chow in view of Torkelson such that the waste material (coffee bean waste, see [0036]) comprises of orange peel in order to impart a unique scent on the dry power (coffee bean waste, see Chow [0036]), wherein said unique scent capable of masking odors of foul-smelling substances as taught by Torkelson in example 4.
It should be noted that orange peel comprises of fructose (see Torrado introduction ¶2).
Furthermore, since the same type of material (orange peel, see Torkelson example 4; and coffee bean waste, Chow [0035-0037]) are thermo-compressed in the temperature and pressure ranges disclosed by applicant, the thermo-compressed molded body (biodegradable coffeelastic kitchenware, see [0035]) should inherently possess the three-point bending strength of 3MPa or more. Where the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product. Whether the rejection is based on “inherency” under 35 USC § 102, on prima facie obviousness” under 35 USC § 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO’s inability to manufacture products or to obtain and compare prior art products.” In re Best, 562 F2d 1252, 1255, 195 USPQ 430, 433-4 (CCPA 1977).
Also, in the same field of endeavor, Matsuo et al. (JP ‘688) disclose a manufacturing method for producing plant material tray containers comprising the following steps:
- pulverizing and pulverizing the vegetable raw material and the binder;
- measuring, stirring and mixing the pulverized and pulverized vegetable raw material and the binder; and
- the stirred vegetable raw material and the A plant raw material tray container comprising a third step of forming a molded product of a tray container by heating and pressurizing the binder mixture with a molding machine and a fourth step of coating the molded product of the tray container.
As to claim 13, Matsuo et al. (JP ‘688) disclose a method of manufacturing a molded body (“plant-based raw material tray containers” in paragraph [003] and English Translation: claims 7-8) from a waste material (“plant-based raw material” in paragraph [003] and English Translation: claims 7-8, “food waste” (see claim 2) and English Translation: claims 7-8) including at least one of food waste and seaweed, the method comprising:
- Preparing dry powder made from at least the waste material (“first step” in paragraph [003] and English Translation: claims 7-8); and
- Forming a molded body by pressurizing the dry powder in a state in which the dry powder is heated to a predetermined temperature (“third step” in paragraph [003] and English Translation: claims 7-8);
- Wherein thermos-compression in the forming of the molded body is performed at a temperature of 50 ̊C or higher and 200 ̊C or lower (“130 ̊C to 270 ̊C” in paragraph [003]) and a pressure of 4 MPa or more and 50 MPa or less (“5.5 MPa +- 1.5 MPa” in paragraph [003] and English Translation: claims 7-8), and
- a content of at least one of food waste and seaweed in the molded body is 60% by weight or more (“80% to 85% of plant-based raw material” in paragraph [003] and English Translation: claims 7-8).
- Moreover, Matsuo et al. (JP ‘688) teach the plant raw material is a cereal shell, such as such as rice hulls and wheat hulls, and vegetable waste such as rushes, thinnings and bamboos, natural cellulose, a waste portion of coconut grass, or a food waste (see the abstract and claim 2) which are a part or the entirety of one or more materials selected from the group consisting of orange, green soybeans, pumpkin, cabbage, onion, Chinese cabbage, banana, broccoli, maitake mushrooms, Iyokan, coffee beans, sea lettuce, strawberries, crab shells, spinach, and purple yam, as claimed in claim 13.
Further, Matsuo et al. (JP ‘688) teach the object of the invention is to improve the strength (paragraph [002]). Therefore, it could have been easily attained by a person skilled in the art to consider the strength of the molded article formed based on the method disclosed in Matsuo et al. (JP ‘688) and to set the three-point bending strength of the molded body to 3 MPa or more.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention to modify the modified teachings of Chow such that the waste material to be selected from the group consisting of green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches and further to adjust the content of the food waste material in the molded body to be 70% by weight or more in order to improve the strength of the molded article and to set the three-point bending strength of the molded body to 3 MPa or more, as suggested by Matsuo et al. (JP ‘688): see ¶ [002])
Regarding claim 14, Chow discloses the thermo-compressed molded body (biodegradable coffeelastic kitchenware, see [0035]) according to claim 13, wherein the thermo-compressed molded body (see [0035]) consists of waste material (orange peel, see Torkelson example 4 ; and coffee bean waste, Chow [0035-0037]).
Regarding claim 15, Chow discloses tableware (biodegradable coffeelastic kitchenware, see [0035]) comprising the thermo-compressed molded body (biodegradable coffeelastic kitchenware, see [0035]) according to claim 13.
Allowable Subject Matter
Claim 10 is allowed.
The following is an examiner’s statement of reasons for allowance:
Neither references of the record nor any other prior art, taken alone or in combination, Inter Alia, teach or fairly suggest a method of manufacturing a molded body from a waste material including at least one of food waste and seaweed, as claimed in claim 10.
The close prior art of Chow discloses a process (method of making biodegradable coffeelastic kitchenware, see [0035]) of manufacturing a molded body (biodegradable coffeelastic kitchenware, see [0035]) from waste material (coffee bean waste, [0035-0037]) including food waste (coffee bean waste, see example 1 [0035-0037]), the method comprising:
Preparing dry powder (coffee bean waste, see [0036]) made from at least the waste material (coffee bean waste, see [0036]) ([0036] teaches a method of cleaning, drying, and grounding coffee bean waste)
Forming a molded body (biodegradable coffeelastic kitchenware, see [0035]) by pressurizing the dry powder (coffee bean waste, see [0036]) in a state in which the dry power (coffee bean waste, see [0036]) is heated to a predetermined temperature (100-140 ° C, see [0037]) ([0037] teaches the coffee bean waste is pressurized in a mold between 10-120 psi and kept at a temperature between 100-140 ° C to form the biodegradable coffeelestic kitchenware)
Mussatto discloses that spent coffee grounds contain sugar containing mannose, galactose, arabinose, and glucose (see abstract). Mannose in particular has a melting point between 133-140 ° C, see chemicalbook NPL. Thus, as evidenced by Mussatto and chemicalbook, Chow discloses a waste material which contains sugar (Mannose) and a predetermined temperature (100-140 ° C, see [0037]) which melts said sugar.
Chow fails to disclose that said waste material is a part or entirety of one or more materials selected from the group consisting of green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches
In the same field of endeavor, (manufacturing molded body, see instant spec. [0001]) Torkelson teaches developing novel, green polymer composite materials (see Col. 4 ll. 65- Col. 5 ll. 5) capable of being molded (Col. 5 ll. 34-45). Torkelson further discloses in example 4 that orange peel can be incorporated into a polymer such that a uniform powder is made, and said orange peels give the polymer matrix a unique scent that can be used to mask odors from foul smelling substances.
A person of ordinary skill in the art, hereinafter POSITA, before the effective filing date of the claimed invention would have found it obvious to modify Chow in view of Torkelson such that the waste material (coffee bean waste, see [0036]) comprises of orange peel in order to impart a unique scent on the dry power (coffee bean waste, see Chow [0036]), wherein said unique scent capable of masking odors of foul smelling substances as taught by Torkelson in example 4.
It should be noted that orange peel comprises of fructose (see Torrado introduction ¶2) and Fructose has is a sugar that has a melting point of 103 Celcius (see Tiefenbacher NPL Table 3.13), and thus is melted at the predetermined temperature (100-140 ° C, see Chow [0037]).
Also, in the same field of endeavor, Matsuo et al. (JP ‘688) disclose a manufacturing method for producing plant material tray containers comprising the following steps:
- pulverizing and pulverizing the vegetable raw material and the binder;
- measuring, stirring and mixing the pulverized and pulverized vegetable raw material and the binder; and
- the stirred vegetable raw material and the A plant raw material tray container comprising a third step of forming a molded product of a tray container by heating and pressurizing the binder mixture with a molding machine and a fourth step of coating the molded product of the tray container.
As to claim 1, Matsuo et al. (JP ‘688) disclose a method of manufacturing a molded body (“plant-based raw material tray containers” in paragraph [003]) from a waste material (“plant-based raw material” in paragraph [003], “food waste” (see claim 2)) including at least one of food waste and seaweed, the method comprising:
- Preparing dry powder made from at least the waste material (“first step” in paragraph [003]); and
- Forming a molded body by pressurizing the dry powder in a state in which the dry powder is heated to a predetermined temperature (“third step” in paragraph [003]);
- Wherein thermos-compression in the forming of the molded body is performed at a temperature of 50 ̊C or higher and 200 ̊C or lower (“130 ̊C to 270 ̊C” in paragraph [003]) and a pressure of 4 MPa or more and 50 MPa or less (“5.5 MPa +- 1.5 MPa” in paragraph [003]), and
- a content of at least one of food waste and seaweed in the molded body is 60% by weight or more (“80% to 85% of plant-based raw material” in paragraph [003]).
- Moreover, Matsuo et al. (JP ‘688) teach the plant raw material is a cereal shell, such as such as rice hulls and wheat hulls, and vegetable waste such as rushes, thinnings and bamboos, natural cellulose, a waste portion of coconut grass, or a food waste (see the abstract and claim 2) which are a part or the entirety of one or more materials selected from the group consisting of orange, green soybeans, pumpkin, cabbage, onion, Chinese cabbage, banana, broccoli, maitake mushrooms, Iyokan, coffee beans, sea lettuce, strawberries, crab shells, spinach, and purple yam.
Further, Matsuo et al. (JP ‘688) teach the object of the invention is to improve the strength (paragraph [002]). Therefore, it could have been easily attained by a person skilled in the art to consider the strength of the molded article formed based on the method disclosed in Matsuo et al. (JP ‘688) and to set the three-point bending strength of the molded body to 3 MPa or more.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention to modify the modified teachings of Chow such that the waste material to be selected from the group consisting of green soyboeans, pumpkins, cabbages, onions, Chinese cabbages, bananas, broccoli, maitake mushrooms, iyokan oranges, sea lettuces, strawberries, and spinaches and further to adjust the content of the food waste material in the molded body to be 70% by weight or more in order to improve the strength of the molded article and to set the three-point bending strength of the molded body to 3 MPa or more, as suggested by Matsuo et al. (JP ‘688): see ¶ [002])
However, neither Chow, Mussatto, Torkelson, and Matsuo et al. (JP ‘688) nor any other prior art disclose boiling the waste material with seasoning, as claimed in claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, filed on 01/20/2026, with respect to previous prior art rejection of claim(s) 1-2 and 5-27 have been considered but are moot in view of the new ground of rejections. Applicant’s arguments are mainly directed to the amendments and newly added limitations to claimed subject matter and that the previously cited prior art fails to disclose the newly added limitations. However, in the above new grounds of the rejections, the previously cited prior art of Mukai is withdrawn and a new prior art of Matsuo et al. (JP ‘688) is introduced that fully covers the newly added limitations into each of claims 1 and 13. Therefore, amendments are moot in view of the above new grounds of the rejections.
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references between Applicant and the Office. Therefore, Examiner would like to suggest if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
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 SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. 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.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754
05/13/2026
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