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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/5/26 has been entered.
Response to Arguments and Affidavit
Applicant’s arguments with respect to claims 1-5 have been considered but are moot, because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation the "surface" mineralized fiber in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-5 are rejected because they depend from claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buri et al. (U.S. 9,725,599), hereinafter referred to as Buri.
As to claim 1, Buri et al. (U.S. 9,725,599) discloses a mineralized fiber comprising: a cellulosic fiber cellulose fiber, column 6, line 29) defining a core of the surface mineralized fiber, and calcium carbonate (calcium carbonate coating the fiber, column 5, lines 39-40) surrounding the core forming a shell structure around the core and infiltrated into the cellulosic fiber, wherein the calcium carbonate is present in the mineralized fiber in a mineralization amount of at least 30% (at least 50%, column 9, lines 35-40), and wherein the calcium carbonate increases the bending stiffness of the mineralized fiber (calcium carbonates increases the strength of the fibers, column 2, lines 12-18).
As to claim 2, Buri discloses the mineralized fiber wherein the cellulosic fiber has a hollow interior and the calcium carbonate infiltrates into the hollow interior (see infiltration of particles into hollow interior of fiber, Figure 4).
As to claim 3, Buri discloses the mineralized fiber wherein the calcium carbonate infiltrates into the fiber such that at least a portion of surface strands of the fiber are coated by calcium carbonate (surface strand segments of fiber are coated by particles, Figure 4).
As to claim 5, Buri discloses the mineralized fiber wherein the cellulosic fiber comprises pulp from one or more of Eucalyptus, Birch, Acacia, Aspen, Pine, Spruce, and old corrugated cardboard recycled fiber (pine cellulose, column 15, lines 17 and 25).
Claim Rejections - 35 USC § 102/103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Buri.
As to claim 4, Buri discloses the mineralized fiber wherein the cellulosic fiber has a specific surface area of about 2 m2/g to about 80 m2/g (slurry of fibers having specific surfaces areas ranging from 11.2 to 27.5 m2/g, column 14, lines 14-15 and 41-42, column 15, lines 10-12; natural cellulose fibers used, column 15, lines 17-25; per MPEP 2144, structurally similar species are expected to have similar properties, absent unexpected results).
Alternatively, Buri discloses varying the ratio of the length to the width of their fibers (column 6, lines 22-25, column 15, lines 20-21 and 30-31, and claims 5-16), which is a result-effective variable affecting the geometry, specific surface area, opacity, and strength properties of the fibers (expanded fibers have different opacity and strength properties, column 2, lines 11-23).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to vary the ratio of the length to the width of the fibers of Buri, to produce the claimed specific area, and to optimize the opacity and strength of the fibers, which is a desirable endeavor as disclosed in Buri (column 2, lines 11-23).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, including the references listed in the International Search Report for PCT/US2021/036533.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abbas Rashid whose telephone number is (571)270-7457. The examiner can normally be reached 9 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexa Neckel can be reached at (571) 272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
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