DETAILED ACTION
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 28 and 29 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 28 is indefinite because “the dry matter” has no clear antecedent basis.
Claim 29 is indefinite because “the surface” has no antecedent basis. In addition, the claim seems to conflict with claim 19 upon which it depends. The insulation material is recited to comprise the fire-retardant which means the fire-retardant is a component within the insulation material, it cannot be seen how the fire-retardant is located on the “surface” of the material.
Allowable Subject Matter
Claims 19-27 and 30-36 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art references of record, singly or combined, teach or suggest an insulation material comprising a wood-derived material comprising a non-separated fiber fraction and a separated fiber fraction combined with a fire retardant without the use of a polymeric component or any binder and the insulation material is produced by foam forming. JP’908 requires the use of a binder (para. 0028) and the insulation material is a blown-in material and thus foam forming process of Kesola would not have been obvious for the blown-in insulating material of JP’908.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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