DETAILED ACTION
Applicant’s response filed on 01/09/2026 has been fully considered. Claims 1-14 are pending. Claims 1, 2, and 6 are amended. Claims 10-13 are withdrawn.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Varvemaa et al. (US 2015/0068112 A1, cited in IDS).
Regarding claims 1 and 8, Varvemaa teaches a method for processing lignin comprising the following steps: [0009] decreasing particle size of the lignin material in a grinding device in order to manufacture lignin powder having particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns, and [0011] increasing dry solids content of the lignin material at least 5 percentage units while decreasing the particle size in the grinding device [0012], wherein dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], wherein moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], wherein the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], wherein the air is heated by an air heater, after which the heated air is led to the grinding device [0083], where after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], wherein the inlet temperature of the heated air during the powdering process is less than 160° C [0151], which reads on a process to produce thermally stabilized agglomerated lignin, said thermally stabilized agglomerated lignin comprising less than 5 wt-% of components other than lignin and water, said process comprising the steps of a) providing agglomerated lignin particles having a particle size distribution such that at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of less than 0.3 mm, b) heating the agglomerated lignin to a temperature in a range of less than 160 °C for a period of greater than 0 hour, to obtain the thermally stabilized agglomerated lignin, wherein the particle size distribution of the thermally stabilized agglomerated lignin obtained in step b) is such that at least 85 wt-% of the thermally stabilized agglomerated lignin has a diameter in a range of less than 0.3 mm.
Varvemaa does not teach with sufficient specificity that at least 80 wt-% of the agglomerated lignin particles have a diameter within a range of from 0.2 mm to 5.0 mm, and does not teach with sufficient specificity that the particle size distribution of the thermally stabilized agglomerated lignin obtained in step b) is such that at least 80 wt-% of the thermally stabilized agglomerated lignin has a diameter in a range of from 0.2 mm to 5.0 mm. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles to be greater than or equal to 200 microns and less than 300 microns. The proposed modification would read on at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of greater than or equal to 0.2 mm and less than 0.3 mm as claimed, and the particle size distribution of the thermally stabilized agglomerated lignin obtained in step b) is such that at least 85 wt-% of the thermally stabilized agglomerated lignin has a diameter in a range of greater than or equal to 0.2 mm and less than 0.3 mm as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive because Varvemaa teaches that the lignin powder has particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns [0011], that advantageously the lignin powder has particle size distribution in which at least 85 wt.% of the lignin agglomerates and particles are less than 300 microns [0021, 0099], and that if the lignin material is used as an additive, it must have small enough particles and agglomerates to be able to effectively work as a binder and to mix efficiently with other raw materials used [0099], which means that the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles in microns would have affected an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive.
Varvemaa does not teach with sufficient specificity that the temperature is in a range of from 140 to 250 °C for a period of at least 1.5 hours. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering process to be greater than or equal to 140° C and less than 160° C, and to optimize the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air to be at least 1.5 hours. The proposed modification would read on the temperature is in a range of greater than or equal to 140 °C and less than 160 °C for a period of at least 1.5 hours as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing formation of powdered lignin, for minimizing melting of lignin, for minimizing formation of big hard lumps in Varvemaa’s method, for minimizing moisture content of Varvemaa’s powdered lignin material, and for optimizing the dry solids content of Varvemaa’s powdered lignin material because Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], that advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], that an amount of the inlet heated air during the powdering process is at least 8300 m3/t [0152], that if lignin melts it typically forms, not only lignin powder, but also big hard lumps [0150], that the lumps are formed due to very high inlet air temperature during powdering process [0150], that moisture content of the manufactured lignin powder is less than 60% [0021], that moisture content of the lignin material preferably decreases significantly in the grinding device during the powdering process [0096], that the moisture content of the lignin material decreases at least 5 or at least 10 percentage units in the grinding device [0096], and that dry solids content of the manufactured powder is between 80 and 100% [0014, 0021], which means that Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering in ° C and the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air in hours would have affected formation of powdered lignin, melting of lignin, formation of big hard lumps in Varvemaa’s method, moisture content of Varvemaa’s powdered lignin material, and the dry solids content of Varvemaa’s powdered lignin material.
Regarding claim 3, Varvemaa teaches that dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], that moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], and that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], which reads on wherein the agglomerated lignin particles have a moisture content of between 10 wt-% and 60 wt-% before the heating in step b).
Varvemaa does not teach with sufficient specificity that the agglomerated lignin particles have a moisture content of from 5 wt-% to 25 wt-% before the heating in step b). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the moisture content of Varvemaa’s lignin material introduced to Varvemaa’s system to greater than or equal to 10% and less than or equal to 25%. The proposed modification would read on the agglomerated lignin particles have a moisture content of greater than or equal to 10 wt-% and less than or equal to 25 wt-% before the heating in step b) as claimed. One of ordinary sill in the art would have been motivated to do so because it would have been beneficial for optimizing purity of Varvemaa’s lignin powder that is produced by Varvemaa’s method because Varvemaa teaches that dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], that moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], and that the method comprises increasing dry solids content of the lignin material at least 5 percentage units [0012], which means that the moisture content of Varvemaa’s lignin material introduced to Varvemaa’s system in % would have affected purity of Varvemaa’s lignin powder that is produced by Varvemaa’s method.
Regarding claim 4, Varvemaa teaches that dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], that moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], and that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], which reads on wherein the agglomerated lignin particles have a moisture content of between 10 wt-% and 60 wt-% before the heating in step b).
Varvemaa does not teach with sufficient specificity that the agglomerated lignin particles have a moisture content of from 5 wt-% to 10 wt-% before the heating in step b). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the moisture content of Varvemaa’s lignin material introduced to Varvemaa’s system to be 10%. The proposed modification would read on the agglomerated lignin particles have a moisture content of 10 wt-% before the heating in step b) as claimed. One of ordinary sill in the art would have been motivated to do so because it would have been beneficial for optimizing purity of Varvemaa’s lignin powder that is produced by Varvemaa’s method because Varvemaa teaches that dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], that moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], and that the method comprises increasing dry solids content of the lignin material at least 5 percentage units [0012], which means that the moisture content of Varvemaa’s lignin material introduced to Varvemaa’s system in % would have affected purity of Varvemaa’s lignin powder that is produced by Varvemaa’s method.
Regarding claim 5, Varvemaa teaches that lignin can be precipitated from black liquor of a kraft pulp mill by a carbon dioxide process, after which it may be pressure filtered, dispersed, acid washed by sulfuric acid, and finally pressure filtered and washed by water [0080], that after these stages lignin is in a form of filter cakes [0080], and that the method for processing lignin comprises [0009] feeding lignin material to the system [0010], which optionally reads on wherein the lignin is kraft lignin as claimed.
Varvemaa does not teach a specific embodiment wherein the lignin is kraft lignin. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Varvemaa’s lignin that is precipitated from black liquor of a kraft pulp mill by a carbon dioxide process, after which it is pressure filtered, dispersed, acid washed by sulfuric acid, and finally pressure filtered and washed by water as Varvemaa’s lignin material that is fed to Varvemaa’s system in Varvemaa’s method. The proposed modification would read on the lignin is kraft lignin as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for providing a source of lignin that is suitable for Varvemaa’s method and for providing a use for kraft lignin because Varvemaa teaches that lignin can be precipitated from black liquor of a kraft pulp mill by a carbon dioxide process, after which it may be pressure filtered, dispersed, acid washed by sulfuric acid, and finally pressure filtered and washed by water [0080], that after these stages lignin is in a form of filter cakes [0080], and that the method for processing lignin comprises [0009] feeding lignin material to the system [0010].
Regarding claim 6, Varvemaa teaches that in examples, the powder had a bulk density of 290 kg/m3 [0174], which optionally reads on wherein the thermally stabilized agglomerated lignin has a bulk density of 0.290 g/cm3. Varvemaa teaches that the lignin material to be powdered may be in the form of pressure filtrated lignin cakes [0085], and that a briquette is densified biofuel made with lignin powder additive in the form of cubiform or cylindrical units produced by compressing pulverized biomass [0116], which reads on wherein the thermally stabilized agglomerated lignin has a bulk density of greater than 0 g/cm3.
Varvemaa does not teach that the thermally stabilized agglomerated lignin has a bulk density in the range of from 0.5 g/cm3 to 0.7 g/cm3. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the bulk density of Varvemaa’s lignin powder to be from 500 kg/m3 to 700 kg/m3. The proposed modification would read on the thermally stabilized agglomerated lignin has a bulk density in the range of from 0.5 g/cm3 to 0.7 g/cm3 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing suitability of Varvemaa’s lignin powder for use in a briquette comprising Varvemaa’s lignin powder because Varvemaa teaches that in examples, the powder had a bulk density of 290 kg/m3 [0174], that the lignin material to be powdered may be in the form of pressure filtrated lignin cakes [0085], and that a briquette is densified biofuel made with lignin powder additive in the form of cubiform or cylindrical units produced by compressing pulverized biomass [0116], which means that the bulk density of Varvemaa’s lignin powder in kg/m3 would have affected suitability of Varvemaa’s lignin powder for use in a briquette comprising Varvemaa’s lignin powder.
Regarding claim 7, the Office recognizes that all of the claimed physical properties are not positively taught by Varvemaa, namely that a CIELAB lightness (L*) of a surface of the thermally stabilized agglomerated lignin is in a range of from 37 to 39. However, Varvemaa renders obvious all of the claimed ingredients, amounts, process steps, and process conditions of the process according to claim 1 and the thermally stabilized agglomerated lignin that is recited in claim 1 as explained above. Furthermore, the specification of the instant application recites that the lightness of the agglomerated lignin decreases during thermal stabilization (p. 10, l. 20-21). Therefore, the claimed physical properties would naturally arise from the process and the thermally stabilized agglomerated lignin that are rendered obvious by Varvemaa. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). If it is the applicant’s position that this would not be the case: (1) evidence would need to be presented to support the applicant’s position; and (2) it would be the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, amounts, process steps, and process conditions.
Regarding claim 9, Varvemaa teaches that the method for processing lignin comprises the following steps: [0009] decreasing particle size of the lignin material in a grinding device in order to manufacture lignin powder having particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns, and [0011] increasing dry solids content of the lignin material at least 5 percentage units while decreasing the particle size in the grinding device [0012], wherein the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], wherein the air is heated by an air heater, after which the heated air is led to the grinding device [0083], where after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], wherein advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], which reads on wherein the heating of the agglomerated lignin particles in step b) is performed by first heating the agglomerated lignin particles to a temperature above room temperature or less than 160°C for a period of greater than 0 hour.
Varvemaa does not teach that the heating of the agglomerated lignin particles in step b) is performed by first heating the agglomerated lignin particles to a temperature of from 140 to 175°C for a period of at least one hour and subsequently heating the agglomerated lignin particles to a temperature of from 175 to 250°C for at least one hour. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering process to be greater than or equal to 140° C and less than or equal to 175° C for a time that is optimized to be at least 1 hour, and greater than or equal to 175° C and less than or equal to 250° C for a time that is optimized to be at least 1 hour. The proposed modification would read on the heating of the agglomerated lignin particles in step b) is performed by first heating the agglomerated lignin particles to a temperature of from 140 to 175°C for a period of at least one hour and subsequently heating the agglomerated lignin particles to a temperature of from 175 to 250°C for at least one hour as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing formation of powdered lignin, for minimizing melting of lignin, and for minimizing formation of big hard lumps in Varvemaa’s method because Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], that advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], that an amount of the inlet heated air during the powdering process is at least 8300 m3/t [0152], that if lignin melts it typically forms, not only lignin powder, but also big hard lumps [0150], and that the lumps are formed due to very high inlet air temperature during powdering process [0150], which means that Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering in ° C and the time during which Varvemaa’s lignin material is in Varvemaa’s heated air in hours would have affected formation of powdered lignin, melting of lignin, and formation of big hard lumps in Varvemaa’s method.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ragan et al. (Ragan et al., “Activated Carbon from Renewable Resources - Lignin”, Cellulose Chemistry and Technology, 2011, vol. 45, no. 7-8, p. 527-531, made of record on 12/06/2022) teaches preparing two particle sizes of lignin by pre-crushing separate charges of ~400 g each of the granular lignin at 6x12 and 12x20 USS mesh, baking the granular lignin at 165 °C of 72 h, and carbonizing at 950 °C (p. 529), which reads on a process to produce thermally stabilized agglomerated lignin, said process comprising the steps of a) providing agglomerated lignin particles having a particle size distribution such that 50 wt-% of the agglomerated lignin particles have a diameter within a range of from 1.7 mm to 3.36 mm and 50 wt-% of the agglomerated lignin particles have a diameter within a range of from 0.841 mm to 1.7 mm, b) heating the agglomerated lignin particles to a temperature of 165 °C for a period of 72 hours, to obtain the thermally stabilized agglomerated lignin. Ragan teaches that lignin has a sulfur content of 2.1 wt% (p. 529), and that available fuel quality lignoboost lignin contains low levels of impurities, such as 0.8-1% ash, and 1-2% carbohydrates, and high carbon contents of ~66 wt% (p. 529), which suggests selecting Ragan’s granular lignin to comprise less than 5 wt% of components other than lignin and water.
Allowable Subject Matter
Claims 2 and 14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As explained in the previous Office action, Varvemaa et al. (US 2015/0068112 A1, cited in IDS) renders obvious limitations of claim 2, except that the agglomerated lignin particles used in step a) are produced by i. providing lignin in a form of a powder, wherein a particle size distribution of the lignin in the form of the powder is such that at least 80 wt-% of the particles have a diameter less than 0.2 mm and a moisture content of less than 45 wt-%, ii. compacting the lignin powder of step i), and iii. crushing the compacted lignin obtained in step ii), and obtaining the agglomerated lignin particles. Although Varvemaa teaches that the method for processing lignin comprises the following steps: [0009] decreasing particle size of the lignin material in a grinding device in order to manufacture lignin powder having particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns, and [0011] increasing dry solids content of the lignin material at least 5 percentage units while decreasing the particle size in the grinding device [0012], wherein dry solids content of the lignin material introduced to the system is between 40 and 90% [0014], wherein moisture content of the manufactured lignin powder is less than 20% [0021], i.e. the lignin powder has dry solids content between 80 and 100% [0014, 0021], wherein the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], wherein the air is heated by an air heater, after which the heated air is led to the grinding device [0083], where after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], wherein some kind of pre-crushing was beneficial to be able to crush the biggest lumps [0172] of lignin powder [0051, 0081, 085, 0150] before the feeding screw [0172], wherein advantageously the lignin powder is used as an additive in briquettes [0114], wherein a briquette is densified biofuel made with lignin powder additive in the form of cubiform or cylindrical units produced by compressing pulverized biomass [0116], wherein biofuel briquettes are advantageously manufactured in a piston press [0116], which reads on the agglomerated lignin particles used in step a) are produced by i. providing lignin in a form of a powder, where a particle size distribution of the lignin in the form of the powder is such that at least 85 wt-% of the particles have a diameter less than 0.3 mm and a moisture content of less than 20 wt-%, but does not read on the agglomerated lignin particles used in step a) are produced by ii. compacting the lignin powder of step i), and iii. crushing the compacted lignin obtained in step ii), and obtaining the agglomerated lignin particles. The prior art of record do no teach or suggest producing agglomerated lignin particles used in step a) of the process of claim 2 by ii. compacting the lignin powder of step i), and iii. crushing the compacted lignin obtained in step ii), and obtaining the agglomerated lignin particles.
Response to Arguments
Applicant’s arguments, see p. 5, filed 01/09/2026, with respect to the objection to claims 1-9 and 14 have been fully considered and are persuasive. The objection to claims 1-9 and 14 has been withdrawn.
Applicant’s arguments, see p. 5, filed 01/09/2026, with respect to the rejection of claim 6 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, have been fully considered and are persuasive. The rejection of claim 6 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn.
Applicant's arguments filed 01/09/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that a person of ordinary skill would not arrive at the claimed size range because Varvemaa explicitly teaches away from the use of agglomerated lignin particles having a diameter within the claimed range because the goal of Varvemaa is to produce a lignin powder having small enough particles and agglomerates to be able to effectively work as a binder and to mix efficiently with other raw materials used, because Varvemaa specifically teaches the use of smaller particle sizes, and because the most preferable particle sizes are less than 70 microns or less than 50 microns (p. 5-6), Varvemaa teaches decreasing particle size of the lignin material in a grinding device in order to manufacture lignin powder having particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns [0011], which reads on at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of less than 0.3 mm, which overlaps with the claimed range, which means that Varvemaa teaches use of agglomerated lignin particles optionally having a diameter within the claimed range. Varvemaa therefore does not teach away from the claimed range of the diameter. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments (MPEP 2123(I)). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments (MPEP 2123(II)). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles to be greater than or equal to 200 microns and less than 300 microns. The proposed modification would read on at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of greater than or equal to 0.2 mm and less than 0.3 mm as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive because Varvemaa teaches that the lignin powder has particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns [0011], that advantageously the lignin powder has particle size distribution in which at least 85 wt.% of the lignin agglomerates and particles are less than 300 microns [0021, 0099], and that if the lignin material is used as an additive, it must have small enough particles and agglomerates to be able to effectively work as a binder and to mix efficiently with other raw materials used [0099], which means that the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles in microns would have affected an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive.
In response to the applicant’s argument that as seen in Figures 2-3 and 7-10, grinding the lignin as disclosed in Varvemaa results in powders having a relatively broad particle size distribution, that accordingly, there is no reasonable expectation of success that a person could product le using the techniques disclosed in Varvemaa to produce a powder simultaneously fulfilling both the requirements of Varvemaa, at least 85% <300 microns and present claim 1, i.e. at least 80% > 200 microns (p. 6), one of ordinary skill in the art would have had a reasonable expectation of success of producing agglomerated lignin particles simultaneously fulfilling both the requirements of Varvemaa and claim 1 of the instant application. Varvemaa teaches decreasing particle size of the lignin material in a grinding device in order to manufacture lignin powder having particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns [0011], which reads on agglomerated lignin particles having a particle size distribution such that at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of less than 0.3 mm, which reads on the claimed range. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments (MPEP 2123(I)). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments (MPEP 2123(II)). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles to be greater than or equal to 200 microns and less than 300 microns. The proposed modification would read on at least 85 wt-% of the agglomerated lignin particles have a diameter within a range of greater than or equal to 0.2 mm and less than 0.3 mm as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive because Varvemaa teaches that the lignin powder has particle size distribution wherein at least 85 wt. % of the lignin agglomerates and particles are less than 300 microns [0011], that advantageously the lignin powder has particle size distribution in which at least 85 wt.% of the lignin agglomerates and particles are less than 300 microns [0021, 0099], and that if the lignin material is used as an additive, it must have small enough particles and agglomerates to be able to effectively work as a binder and to mix efficiently with other raw materials used [0099], which means that the particle size distribution of at least 85 wt. % of Varvemaa’s lignin agglomerates and particles in microns would have affected an ability of Varvemaa’s lignin powder to effectively work as a binder and to mix efficiently with other raw materials when Varvemaa’s lignin powder is used as an additive.
In response to the applicant’s argument that Varvemaa also teaches away from the use of temperature in the claimed range of 140 to 250 °C, as well as agglomerated lignin after thermal treatment, because Varvemaa discloses that advantageously the inlet temperature pf the heated air during the powdering process is less than 160° (p. 7) C, preferably between 90 and 130° C, and more preferably between 100 and 120° C, and because the reason for this is that high inlet temperature results in the undesired formation of lumps (p. 7), Varvemaa teaches that the inlet temperature of the heated air during the powdering process is less than 160° C [0151], which reads on b) heating the agglomerated lignin to a temperature in a range of less than 160 °C, which reads on the claimed temperature range. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments (MPEP 2123(I)). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments (MPEP 2123(II)). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering process to be greater than or equal to 140° C and less than 160° C, and to optimize the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air to be at least 1.5 hours. The proposed modification would read on the temperature is in a range of greater than or equal to 140 °C and less than 160 °C as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing formation of powdered lignin, for minimizing melting of lignin, for minimizing formation of big hard lumps in Varvemaa’s method, for minimizing moisture content of Varvemaa’s powdered lignin material, and for optimizing the dry solids content of Varvemaa’s powdered lignin material because Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], that advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], that an amount of the inlet heated air during the powdering process is at least 8300 m3/t [0152], that if lignin melts it typically forms, not only lignin powder, but also big hard lumps [0150], that the lumps are formed due to very high inlet air temperature during powdering process [0150], that moisture content of the manufactured lignin powder is less than 60% [0021], that moisture content of the lignin material preferably decreases significantly in the grinding device during the powdering process [0096], that the moisture content of the lignin material decreases at least 5 or at least 10 percentage units in the grinding device [0096], and that dry solids content of the manufactured powder is between 80 and 100% [0014, 0021], which means that Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering in ° C and the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air in hours would have affected formation of powdered lignin, melting of lignin, formation of big hard lumps in Varvemaa’s method, moisture content of Varvemaa’s powdered lignin material, and the dry solids content of Varvemaa’s powdered lignin material.
In response to the applicant’s argument that a person of ordinary skill in the art would not think that it is inconceivable that a duration of thermal treatment could reach a period of at least 1.5 hours without having an infeasibly slow material throughput in the process (p. 7), a thermal treatment for a period of at least 1.5 hours in Varvemaa’s method would not have been an infeasibly slow material throughput. This is because Varvemaa does not teach a time duration where Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], wherein the air is heated by an air heater, after which the heated air is led to the grinding device [0083], where after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], wherein the inlet temperature of the heated air during the powdering process is less than 160° C [0151]. Since Varvemaa does not teach a time duration for these steps, there is no limit to the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering process to be greater than or equal to 140° C and less than 160° C, and to optimize the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air to be at least 1.5 hours. The proposed modification would read on the temperature is in a range of greater than or equal to 140 °C and less than 160 °C for a period of at least 1.5 hours as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing formation of powdered lignin, for minimizing melting of lignin, for minimizing formation of big hard lumps in Varvemaa’s method, for minimizing moisture content of Varvemaa’s powdered lignin material, and for optimizing the dry solids content of Varvemaa’s powdered lignin material because Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], that advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], that an amount of the inlet heated air during the powdering process is at least 8300 m3/t [0152], that if lignin melts it typically forms, not only lignin powder, but also big hard lumps [0150], that the lumps are formed due to very high inlet air temperature during powdering process [0150], that moisture content of the manufactured lignin powder is less than 60% [0021], that moisture content of the lignin material preferably decreases significantly in the grinding device during the powdering process [0096], that the moisture content of the lignin material decreases at least 5 or at least 10 percentage units in the grinding device [0096], and that dry solids content of the manufactured powder is between 80 and 100% [0014, 0021], which means that Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering in ° C and the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air in hours would have affected formation of powdered lignin, melting of lignin, formation of big hard lumps in Varvemaa’s method, moisture content of Varvemaa’s powdered lignin material, and the dry solids content of Varvemaa’s powdered lignin material.
In response to the applicant’s argument that in claim 1, heating step b) is performed on the agglomerated lignin particles, whereas in Varvemaa the majority of the heating will occur prior to the grinding step, and that thus, Varvemaa does not disclose or suggest the claimed period of heat treatment (p. 7), Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], wherein the air is heated by an air heater, after which the heated air is led to the grinding device [0083], where after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], wherein the inlet temperature of the heated air during the powdering process is less than 160° C [0151], which means that Varvemaa does not limit the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering process to be greater than or equal to 140° C and less than 160° C, and to optimize the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air to be at least 1.5 hours. The proposed modification would read on the temperature is in a range of greater than or equal to 140 °C and less than 160 °C for a period of at least 1.5 hours as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing formation of powdered lignin, for minimizing melting of lignin, for minimizing formation of big hard lumps in Varvemaa’s method, for minimizing moisture content of Varvemaa’s powdered lignin material, and for optimizing the dry solids content of Varvemaa’s powdered lignin material because Varvemaa teaches that the lignin material to be powdered is supplied to the powdering system and the grinding device therein by a supplying device [0083], that the air is heated by an air heater, after which the heated air is led to the grinding device [0083], that after the grinding step, the powdered lignin material is conveyed to the filtering device, in which the lignin material is separated from the circulating air [0083], that advantageously the inlet temperature of the heated air during the powdering process is less than 160° C [0151], that an amount of the inlet heated air during the powdering process is at least 8300 m3/t [0152], that if lignin melts it typically forms, not only lignin powder, but also big hard lumps [0150], that the lumps are formed due to very high inlet air temperature during powdering process [0150], that moisture content of the manufactured lignin powder is less than 60% [0021], that moisture content of the lignin material preferably decreases significantly in the grinding device during the powdering process [0096], that the moisture content of the lignin material decreases at least 5 or at least 10 percentage units in the grinding device [0096], and that dry solids content of the manufactured powder is between 80 and 100% [0014, 0021], which means that Varvemaa’s inlet temperature of Varvemaa’s heated air during Varvemaa’s powdering in ° C and the time between Varvemaa’s grinding step and Varvemaa’s step in which Varvemaa’s lignin material is separated from the circulating air in hours would have affected formation of powdered lignin, melting of lignin, formation of big hard lumps in Varvemaa’s method, moisture content of Varvemaa’s powdered lignin material, and the dry solids content of Varvemaa’s powdered lignin material.
In response to the applicant’s argument that these is nothing in Varvemaa which indicates that the lignin therein undergoes stabilization (p. 7), claim 1 recites “to obtain the thermally stabilized agglomerated lignin” at the end of the claim, which means that the steps that precede “to obtain the thermally stabilized agglomerated lignin” are what cause the agglomerated lignin to be thermally stabilized agglomerated lignin. Since Varvemaa renders obvious the steps that preceded “to obtain the thermally stabilized agglomerated lignin”, as explained in the rejection of claim 1, Varvemaa renders obvious the limitation “to obtain the thermally stabilized agglomerated lignin” as claimed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767