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 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 nonobviousness.
Claims 1-3, 5-7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN112078208) in view of Neumann et al (DE102021210254) in view of Ginns et al (US 20220410517).
Qiu is directed to a coffee grounds imitation leather, cushion with coffee grounds imitation leather and preparation method thereof; the coffee grounds imitation leather comprises the following raw materials in parts by weight: 40 to 20 parts of PVC, 40 to 59 parts of polyurethane, 10 to 40 parts of coffee grounds, 3 to 5 parts of light stabilizer, 1 to 3 parts of antioxidant, 0.5 to 2 parts of master batch and 0.5 to 10 parts of foaming agent [0010]. The invention adds coffee grounds in the PVC, coffee grounds has natural physical adsorption function, no harm to the human body, very environment-friendly and healthy, adding the coffee grounds can absorb the peculiar smell of leather, reducing the effect of peculiar smell, can enhance the experience of the user; It satisfies the high requirement of people to the leather goods. The coffee grounds imitation leather of the invention is not added with plasticizer, reducing the oil smoke emission, achieving environment-friendly ecological synthetic leather (ABST).
Qiu teaches a first and a second resin and coffee grounds.
Qiu does not teach the use of plasticizers in the composition.
Neumann ‘254 is directed to a plastic material which comprises a polymer as a matrix, coffee grounds powder and the invention relates to plastic materials which contain coffee grounds as an additive (ABST).
Neumann ‘254 teaches the composition is particularly suited for artificial leather [0038].
Neumann ‘254 teaches the plastic layer can be PVC [0041].
Neumann ‘254 teaches the method of making the plastic material includes mixing the plastic and coffee grounds powder and one metal compound, applying the mixture to a substrate and curing the applied or molded plastic to form the plastic material [0045].
Neumann ‘254 teaches the composition may optionally also contain one or more solvents such as water and organic solvent [0048]. And the plastic composition can include at least one plasticizer and the plasticizer can vary depending on the polymer used in the plastic composition and intended use [0049].
Neuman teaches the use of a plasticizer provides for a premix that can be moist, pasty, flowable or pumpable and the softener prevents degradation of the coffee ground due to fungal and bacterial infestation [0052]. Neumann ‘254 teaches use of a plasticizer A and a plasticizer B indicating that there are two plasticizers used [0083].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a plasticizer motivated to form flowable compositions and reduce fungal or bacterial infestations of the coffee grounds.
Qui in view of Neuman differ and do not teach the coffee grounds have a water activity of 0.3 or less. Water activity is equated with dried coffee grounds that have been dried per Applicants specification [0042] in order to lower the water activity.
Ginns is directed to an article of footwear with coffee grinds. The method includes fabricating a mixture of polyurethane precursors and coffee grounds of a first size using a two-step mixing then injection molding one or more components of the article (ABST).
Ginns teaches the coffee grounds may be dried to remove water followed by sorting according to grind [0007]. Ginns teaches premixing the coffee ground with a polymer material, e.g. PU chemical precursors in an agitation tank with at least two impellers, a distribution of coffee grounds in a PU matrix may be uniform [0008].
The chemical precursors for forming a PU matrix of the CG-PU composite may include at least one polyisocyanate component, polyol, polypropylene oxide, a chain extender, polyetherpolyols, polymer polyether polyols, chain extender, catalysts, blowing agent, and, if appropriate, other assistants and/or additives. In one example, the coffee grounds may be mixed with polyisocyanate components. Alternatively, coffee grounds may be mixed with other PU chemical precursors or combinations of PU chemical precursors without departing from the scope of this disclosure [0031].
At 402, the coffee grounds may be dried to remove the water content. In one example, the drying of the coffee grounds may be conducted by exposing the coffee grounds to direct sunlight. In another example, other drying methods such as use of heat lamps and desiccating materials may be applied to the coffee grounds. By drying out the coffee grounds, a mechanical strength of the resulting CG-PU composite may be improved, e.g., dilution of mechanical properties of a PU matrix of the CG-PU composite is circumvented. Moisture of the coffee grounds may be estimated via, for example, a moisture meter that operates by comparing differences in electric conductivity of between moist and dry organic materials (such as grains and seeds) [0052].
Wherein Ginns does not teach or measure the water activity, Ginns teaches that drying the coffee grounds improves the mechanical strength of the matrix and presumed to improve the mixing of the coffee grounds in the PU matrix.
Ginns teaches mixing the coffee grounds in a precursor in a two step mixing with a first step of the two-step mixing process may include pre-mixing the coffee grounds and PU chemical precursors using a mechanical mixer 500, as shown in FIGS. 5A-5B. The coffee grounds may be pre-mixed with, for example, polyisocyanate components (e.g., monomers) to evenly disperse the coffee grounds into the liquid phase PU chemical precursors. The coffee grounds/PU chemical precursors mixture may be added to an open container 502, e.g., a bucket 502, and, as shown in FIG. 5A, a mixing head 510 of the mechanical mixer 500 may be inserted into the bucket 502, in contact with the mixture, to stir the mixture [0029].
It would have been obvious to one of ordinary skill in the art before the effective filing date to dry the coffee grounds motivated to improve the mechanical strength and dispersion of the coffee grounds in the chemical polyurethane precursors.
As to claim 2, Qiu teaches the first resin is PVC and the second resin is polyurethane.
As to claim 3, Qiu differs and does not teach plasticizers.
Neumann ‘254 teaches examples of suitable plasticizers are phthalic acid esters, esters of aliphatic dicarboxylic acids, epoxidized oils such as epoxidized soybean oil, citric acid esters, trimellitates, polyesters, phosphoric acid esters, fatty acid esters and terephthalic acid esters [0049].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ phthalic plasticizers motivated to employ commercially available and known plasticizers.
As to claim 5, Qiu teaches the composition comprises 40 to 20 parts of PVC, 40 to 59 parts of polyurethane, 10 to 40 parts of coffee grounds, 3 to 5 parts of light stabilizer, 1 to 3 parts of antioxidant, 0.5 to 2 parts of master batch and 0.5 to 10 parts of foaming agent [0010].
Qiu differs and does not teach a plasticizer.
Neumann ‘254 teaches the amount of plasticizer is 80-100% by weight of the coffee grounds [0068].
Assigning the polyurethane of 40-59 parts and coffee grounds of 10-40 parts to the master batch and adding the plasticizer as taught by Neumann ‘254, would be 10-40 parts of plasticizer. The composition overlaps the claimed ranges.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 6, Qiu teaches the coffee grounds have a grain diameter if 40 meshes to 80 meshes. 40 mesh is 0.4 mm is 400 micron and 80 mesh is 0.177 mm is 177 micron [0055]. Qiu coffee grounds overlap the claimed particle size.
As to claim 7, Qiu teaches the composition comprises 40 to 20 parts of PVC, 40 to 59 parts of polyurethane and 10 to 40 parts of coffee grounds,
Qiu differs and does not teach the plasticizer.
Neumann ‘254 teaches the amount of plasticizer is 80-100% of the coffee grounds therefore 10-40 parts of plasticizer.
Reasonably, the lower amount of PVC can be attributed to the master batch at the amounts of 20 parts. The first resin is the polyurethane at 40-50 parts and plasticizer at 10-40 parts.
The combination of Qiu and Neumann ‘254 overlap the claimed range.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 9, Qiu and Neumann ‘254 teach artificial leather sheets made form the composition of claim 1.
As to claims 10, Qiu teaches a foaming agent added to the composition and therefore at least one layer is a foamed layer. Qiu teaches a woven layer and the composition that forms the base layer applied to the woven layer [0077].
Neumann ‘254 teaches multilayered materials [0001], [0035], [0037], [0038].
Claims 11, 12-16, 18, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN112078208) in view of Neumann et al (DE102021210254) and in further view of Neumann et al (DE102015107045) and Deleage (WO2022079284 cited as US20240018715) and Ginns et al (US 20220410517).
As to claims 11 and 19, Qiu teaches a woven layer and the composition that forms the base layer applied to the woven layer [0077].
Neumann ‘254 teaches multilayered materials [0001], [0035], [0037], [0038].
Qui and Neumann ‘254 do not teach a nonwoven layer and skin layer.
Neumann ‘045 is directed to a method for producing a migration and cold resistant film based on PVC and polyurethane from a pasty composition. Neumann ‘045 teaches a foamed intermediate layer 6 there is an adhesion layer 7 , which may be formed with a basis weight of 50 to 250 g / m 2 also from a migration and cold-resistant film. The lower carrier layer, 8, which is formed in a conventional manner by a textile, polymeric or foamed carrier material. This may be a woven carrier material, a nonwoven, organic or inorganic based mesh, such as rockwool, glass and carbon fibers, and the like, optionally with the addition of electrically conductive fibers to counteract electrostatic charging.
Neumann ‘045 teaches a nonwoven carrier layer which is equated with a backing layer. Neumann ‘045 teaches Neumann ’045 teaches layer 5 is the PU-PVC layer would be equated with Neumann ‘254 PU-PVC layer with coffee grounds. Neumann ‘045 teaches layer 1 is a gloss determining lacquer layer and underlaying layer 2 is also lacquer and layer 3 is lacquer layer and these layers are equated with a skin layer. The leather sheet has cold resistance, impact resistance and elasticity.
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It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a nonwoven backing layer and a skin layer motivated to produce a leather sheet with impact resistance and elasticity.
As to claim 12, Qiu teach mixing the PVC, polyurethane, coffee grounds, additive, master batch and foaming agent to uniformly mix the ingredients and then feed mixture into a calendar to form a film sheet [0010]-[0012].
Neumann ‘254 teaches a process comprising the following steps: a) forming a plastic composition by mixing its components, which comprise at least one polymer as matrix former, coffee grounds powder containing carboxyl groups and at least one metal compound b) applying the formed plastic composition to a substrate or molding the formed plastic composition and c) optionally curing the applied or molded plastic composition to form the plastic material [0045].
Qiu adds a masterbatch but Qui does not explicitly teach the step of preparing a batch with the second resin and second plasticizer and coffee grounds and then preparing and kneading a first resin, a first plasticizer and the masterbatch prior to forming the sheet layer.
By definition a masterbatch is a mixture that consists of rubber or plastic with one or more compounding ingredients in definite proportions but higher concentrations than in a normal mix and that is used for convenience in compounding (Webster dictionary).
Neumann ‘045 is directed to a process for the preparation of a migration and cold resistant film. The invention relates to a method for producing a migration and cold-resistant film based on polyvinyl chloride (PVC), comprising the steps: Providing a pasty composition comprising a first fraction of PVC and a second fraction of a thermoplastic polyurethane and a third fraction Auxiliaries and additives, which are mixed together to form the pasty mass. Applying the pasty mass to a pad. Drying and gelling and / or reacting and / or crosslinking the applied to the pad pasty mass with heat to the film, wherein as a second fraction is a ground thermoplastic polyurethane used with an average particle size of 100 microns maximum (ABST).
Neumann ‘045 presents a teaching it is known to mix the resins separately and then mix together. As the components are pasty, the mixing is equated with kneading as kneading is generally reserved for higher viscosity components, e.g. pasty components.
Wherein the Neumann ‘045 does not explicitly recite kneading, Deleage teaches a method for the preparation and mixture comprising plant proteins, tanning agents and plasticizers to resemble leather (ABST).
Deleage teaches the present invention relates to a method for preparing, from plant proteins, semi-finished products comprising the following steps: (a) Fluidization and kneading of a mixture comprising: (i) plant proteins; (ii) one or more plant tanning agents; (iii) one or more plasticizers; (b) compressing the fluidized and kneaded mixture in order to produce the semi-finished products as well as on the semi-finished products obtainable by such a method, and their uses for the preparation of articles (commercial articles) [0007]-[0013]. The mixture is typically processed in an extruder equipped with an extrusion head, referred to as a “die”. Thus, the mixture is fluidized and kneaded in an extruder and then compressed in a die to form semi-finished products [0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date to prepare the first and second resin as a masterbatch with coffee grounds and mix and knead to form the sheet motivated to produce a leather sheet by known methods of mixing resins and additives.
Qiu and Neuman and Deleage differ and do not teach the property of water activity.
Ginns teaches the coffee grounds may be dried to remove water followed by sorting according to grind [0007]. Ginns teaches premixing the coffee ground with a polymer material, e.g. PU chemical precursors in an agitation tank with at least two impellers, a distribution of coffee grounds in a PU matrix may be uniform [0008].
The chemical precursors for forming a PU matrix of the CG-PU composite may include at least one polyisocyanate component, polyol, polypropylene oxide, a chain extender, polyetherpolyols, polymer polyether polyols, chain extender, catalysts, blowing agent, and, if appropriate, other assistants and/or additives. In one example, the coffee grounds may be mixed with polyisocyanate components. Alternatively, coffee grounds may be mixed with other PU chemical precursors or combinations of PU chemical precursors without departing from the scope of this disclosure [0031].
At 402, the coffee grounds may be dried to remove the water content. In one example, the drying of the coffee grounds may be conducted by exposing the coffee grounds to direct sunlight. In another example, other drying methods such as use of heat lamps and desiccating materials may be applied to the coffee grounds. By drying out the coffee grounds, a mechanical strength of the resulting CG-PU composite may be improved, e.g., dilution of mechanical properties of a PU matrix of the CG-PU composite is circumvented. Moisture of the coffee grounds may be estimated via, for example, a moisture meter that operates by comparing differences in electric conductivity of between moist and dry organic materials (such as grains and seeds) [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date to dry the coffee grounds motivated to improve the mixing of the coffee grounds in the chemical polyurethane precursors.
As to claim 13, Qiu teaches the first resin is PVC and the second resin is polyurethane.
Qiu differs and does not teach plasticizers.
Neumann ‘254 teaches examples of suitable plasticizers are phthalic acid esters, esters of aliphatic dicarboxylic acids, epoxidized oils such as epoxidized soybean oil, citric acid esters, trimellitates, polyesters, phosphoric acid esters, fatty acid esters and terephthalic acid esters [0049].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ phthalic plasticizers motivated to employ commercially available and known plasticizers.
As to claim 14, Qiu and Neumann ‘254 are silent with respect to water activity of the coffee grounds.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ coffee grounds with the claimed water activity property in polymer compositions motivated reuse waste coffee.
As to claim 15, Qiu teaches the composition comprises 40 to 20 parts of PVC, 40 to 59 parts of polyurethane, 10 to 40 parts of coffee grounds, 3 to 5 parts of light stabilizer, 1 to 3 parts of antioxidant, 0.5 to 2 parts of master batch and 0.5 to 10 parts of foaming agent [0010].
Qiu differs and does not teach a plasticizer.
Neumann ‘254 teaches the amount of plasticizer is 80-100% by weight of the coffee grounds [0068].
Assigning the polyurethane of 40-59 parts and coffee grounds of 10-40 parts to the master batch and adding the plasticizer as taught by Neumann, would be 10-40 parts of plasticizer. The composition overlaps the claimed ranges.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Qiu teaches the coffee grounds have a grain diameter if 40 meshes to 80 meshes. 40 mesh is 0.4 mm is 400 micron and 80 mesh is 0.177 mm is 177 micron [0055]. Qiu coffee grounds overlap the claimed particle size.
As to claim 16, Qiu teaches the composition comprises 40 to 20 parts of PVC, 40 to 59 parts of polyurethane, 10 to 40 parts of coffee grounds, 3 to 5 parts of light stabilizer, 1 to 3 parts of antioxidant, 0.5 to 2 parts of master batch and 0.5 to 10 parts of foaming agent [0010].
Qiu differs and does not teach a plasticizer.
Neumann ‘254 teaches a process comprising the following steps: a) forming a plastic composition by mixing its components, which comprise at least one polymer as matrix former, coffee grounds powder containing carboxyl groups and at least one metal compound b) applying the formed plastic composition to a substrate or molding the formed plastic composition and c) optionally curing the applied or molded plastic composition to form the plastic material [0045].
Neuman ‘254 teaches mixing at ambient temperature and differs from the claimed process.
Neuman ‘045 teaches the composition is heated to temperatures between 140°C to 220°C which overlaps the claimed range.
It would have been obvious to one of ordinary skill in the art before the effective filing date to heat the kneading mixture to the claimed temperatures motivated to adequately thin the polymer components for mixing.
As to claim 18, Qiu teaches the composition comprises 40 to 20 parts of PVC, 40 to 59 parts of polyurethane and 10 to 40 parts of coffee grounds,
Qiu differs and does not teach the plasticizer.
Neumann ‘254 teaches the amount of plasticizer is 80-100% of the coffee grounds therefore 10-40 parts of plasticizer.
Reasonably, the lower amount of PVC can be attributed to the master batch at the amounts of 20 parts. The first resin is the polyurethane at 40-50 parts and plasticizer at 10-40 parts.
The combination of Qiu and Neumann ‘254 overlaps the claimed range.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 20, Qiu teaches a foaming agent added to the composition and therefore at least one layer is a foamed layer. Qiu teaches a woven layer and the composition that forms the base layer applied to the woven layer [0077].
Neumann teaches multilayered materials [0001], [0035], [0037], [0038].
Response to Arguments
Applicant cancelled claims 8 and 17 and 112(b) is withdrawn.
Applicants amendments and arguments are persuasive and new grounds of rejection are presented to include reference to Ginns which teaches drying the coffee grounds provides for improved dispersion in the mixture with the monomers and polymers.
Applicant argues the critical significance of water activity of being less than 0.3 or less may lead to minimal agglomeration between coffee ground particles and vaporization during the high temperature process. Applicant argues that when the activity exceeds 0.3, free water may act as a bridge mediating strong hydrogen bonding between the surfaces of hydrophilic coffee ground particles before the high temperature process.
In the absence of evidence showing the critical range and unexpected result in the critical range, a coffee ground that is dried to eliminate water is equated with the claimed measure of water activity. Reference to Ginns is provided for teaching it is known to dry the coffee grounds to improve mixing in the precursor mixture.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789