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
Applicant's amendments and remarks filed on July 23, 2025 have been entered and considered. Claims 42 and 43 are cancelled, claims 24, 27 and 33 are amended, claims 44 and 45 are added, claims 37 – 41 are withdrawn and claims 24 – 41, 44 and 45 are pending. The IDS filed January 17, 2023 has been considered, the EP publication date is corrected on the IDS and a signed copy has been attached to the instant Office Action. Applicant’s amendments to claims 24 and 33 have overcome the 35 USC 112(b) rejection. In view of Applicant’s arguments, the Examiner has withdrawn all 35 USC 102 and 103 rejections as set forth in the previous Office Action. The invention as currently claimed is not found to be patentable for reasons herein below.
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 24 – 36 and 44 – 45 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 24 recites:
A mineral fiber product, wherein the product comprises mineral fibers bound by a cured binder composition, a non-cured binder composition comprising one or more oxidized lignins, and wherein the product has a water leachable chloride content of less than 10 mg/kg as measured in accordance with EN 13468:2001.
It is unclear what the relationship of the cured binder composition is to the non-cured binder composition. It appears that Applicant is only claiming a cured binder and the limitations of the non-cured binder composition are not required by the claims because the claim requires a cured binder. Is the non-cured binder composition of the same composition as the cured binder composition other than it not being cured? It is recommended that Applicant amend the language as follows for clarity:
A mineral fiber product, wherein the product comprises mineral fibers bound by a cured binder composition, wherein the binder composition in a non-cured state comprises one or more oxidized lignins, and wherein the product has a water leachable chloride content of less than 10 mg/kg as measured in accordance with EN 13468:2001.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A BOYD whose telephone number is (571)272-7783. The examiner can normally be reached M-F 8 am - 5 pm with alternating Fridays off.
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/JENNIFER A BOYD/Supervisory Patent Examiner, Art Unit 1786