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 .
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/17/25.
Applicant’s election without traverse of claims 1-12 in the reply filed on 11/17/25 is acknowledged.
Claims 1-12 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.
The phrase “processed mixture” (cl 1:5) is indefinite because it is inaccurate. It is the biodegradable waste and non-biodegradable waste that are processed and not the mixture. The mixture is the result of processing the wastes. Thus, it appears the phrase should be changed to –the mixture--. Subsequently, all occurrences of the phrase “the processed mixture” in claims 1, 2, and 7-8 should be changed to –the mixture--.
The phrase “wherein the processed mixture is obtained by a method” (cl 2:1-2) is indefinite because it is unclear whether the method to obtain the processed mixture is related to the processing step of claim 1 that results in the formation of the mixture. If the method of claim 2 is meant to further define the processing step of claim 1, it should be clearly recited as such.
The phrase “the grinded waste” (cl 2:8) is indefinite because it is unclear which grinded waste is meant, grinded biodegradable waste and/or grinded non-biodegradable waste. If both grinded wastes were meant, it should be clearly and positively recited as such. It should be known the instant specification recites extruding, at the same time, both grinded biodegradable waste and grinded non-biodegradable waste.
The phrase “the extruded waste” (cl 2:10) lacks antecedent basis in the claim.
The phrase “the grinded waste” (cl 3:2) is indefinite because it is unclear which grinded waste is meant, grinded biodegradable waste and/or grinded non-biodegradable waste. If both grinded wastes were meant, it should be clearly and positively recited as such. It should be known the instant specification recites extruding, at the same time, both the grinded biodegradable waste and the grinded non-biodegradable waste.
The phrase “the waste” (cl 9:1) is indefinite because it is unclear which waste is meant, the biodegradable waste and/or the non-biodegradable waste. If both wastes were meant, it should be clearly and positively recited as such. It should be known the instant specification recites compression molding both the biodegradable waste and the non-biodegradable waste.
The phrase “the grinded waste” (cl 3:2) is indefinite because it is unclear which grinded waste is meant, grinded biodegradable waste and/or grinded non-biodegradable waste. If both grinded wastes were meant, it should be clearly and positively recited as such. It should be known the instant specification recites extruding, at the same time, both the grinded biodegradable waste and the grinded non-biodegradable waste.
Corrections are required.
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: the prior art of record including the closest prior art WO2014/033502 neither teaches nor renders obvious every claimed limitation including manufacturing a recyclable article from municipal solid waste without the addition of binders; melting the mixture of processed biodegradable waste and non-biodegradable waste in a melter at a pre-determined temperature and pre-determined pressure so that the non-biodegradable waste circumscribes and forms a bond with the biodegradable waste during melting; and compressing the melted mixture in a compression molding device at a pressure ranging from 0.1Kg/cm2 to 3.0Kg/cm2.
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.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach encapsulating waste with a polymer: WO2014/033502 (uses binder and explicitly does not use heat and compacting/pressing); USPN 4234632 (adds polymer to encapsulate); USPN 9978470 (adds polymer to encapsulate; radioactive waste); USPN 5649323 (adds polymer to encapsulate; radioactive waste); and USPN 5962630 (adds polymer to encapsulate; radioactive waste); and 5190226 .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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