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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-16, in the reply filed on 08/20/2025 is acknowledged. The traversal is on the ground(s) that the claims are sufficiently related that their respective claims would be thoroughly cross-referenced, and many of the same classes would be searched regardless of which group of claims was elected because all 3 set of claims require that a search be made for aqueous coating mixtures comprising polyhydroxyalkanoates particles having a minimum moisture content and maximum average particle size as specified in claim 1, because an examination of the Group I claims will require a search of the same prior art as an examination of the Group II or Group III claims, and because separate examinations of the claim groups may lead to inconsistent examination and likely will result in duplication of effort. This is not found persuasive because there would be a serious search and/or examination burden if restriction were not required because it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other inventions, such as employing different search queries because the inventions are independent and distinct as explained in the Requirement for Restriction mailed on 07/16/2025. Also, restriction for examination purposes as indicated is proper because all the inventions listed in the Requirement for Restriction mailed on 07/16/2025 are independent or distinct as explained in the Requirement for Restriction. The traversal is on the ground(s) that restriction is not required by 35 U.S.C. 121 as suggested by the Examiner because the Examiner has not shown any serious burden if examination of all the claims is conducted and the claims cover closely related subject matter. This is not found persuasive because restriction is required under 35 U.S.C. 121 because all the inventions listed in the Requirement for Restriction mailed on 07/16/2025 are independent or distinct for the reasons given in the Requirement for Restriction, and there would be a serious search and/or examination burden if restriction were not required because it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other inventions, such as employing different search queries because the inventions are independent and distinct as explained in the Requirement for Restriction.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17-31 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. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/20/2025.
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.
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 1-16 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 in line 9 and claim 3 in line 2 recite the limitation “a Dv(90) particle size”, which is indefinite because it is unclear if “90” is a limitation, an abbreviation, or a reference character because it is enclosed in parentheses, and if “90” is a limitation, it is unclear how it limits or modifies the “Dv” “particle size”. For further examination of the claims, this limitation is interpreted as “a Dv90 particle size”.
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 1-12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Osumi et al. (WO 2020/100598 A1, machine translation in English used for citation).
Regarding claims 1 and 3, Osumi teaches a method for producing an aqueous polyhydroxyalkanoate dispersion comprising a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the solid concentration of the polyhydroxyalkanoate aqueous dispersion before being sent through the tubular membrane and concentrated is less than 45% by weight [0012], wherein the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], wherein the PHA aqueous dispersion that is fed into the tubular membrane has a PHA particle median diameter of 1 to 5 µm [0020], wherein the PHA aqueous dispersion to be concentrated in the above step of the method is an aqueous dispersion in which PHA particles are dispersed in water, and it is sufficient that the PHA particles have a median diameter of 1 to 5 µm and a solids concentration of less than 50 wt % [0022], wherein the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], wherein the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], wherein the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], wherein the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], wherein other components include dispersants that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben [0032], wherein the contents of other components can be selected appropriately [0032], wherein the method for producing a PHA aqueous dispersion may include other steps in addition to the above step, such as a step of adding the other components to the PHA aqueous dispersion obtained by the above step [0044], wherein the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which reads on a biodegradable aqueous mixture for coating substrates, the mixture comprising 50 weight percent or less water and 50 weight percent or more solids, wherein the solids comprise greater than 0 weight percent polyhydroxyalkanoates based on the total dry weight of the solids, and wherein the polyhydroxyalkanoates are in the form of polyhydroxyalkanoate particles have a moisture content of greater than 0% by weight prior to mixing with the water and a Dv (90) particle size of 1 to 5 microns, as determined using ISO 8130-13:2019.
Osumi does not teach with sufficient specificity that the mixture comprises from about 35 to about 75 weight percent water and from about 25 to about 65 weight percent solids. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the solids concentration of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method to be from 50% by weight to about 65% by weight and to optimize the concentration of water in Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method to be from about 35% by weight to 50% by weight. The proposed modification would read on the mixture comprises from about 35 to 50 weight percent water and from 50 to about 65 weight percent solids as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing fluidity of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method because Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], that the solid content of the PHA aqueous dispersion obtained in the above step is 50% by weight or more, preferably 52% by weight or more, and more preferably 54% by weight or more [0043], that the upper limit is not particularly limited, but from the viewpoint of ensuring the fluidity of the PHA aqueous dispersion, it is preferably 65% by weight or less, and more preferably 60% by weight or less [0043], and that the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which means that the solids concentration and the concentration of water in Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method would have affected fluidity of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method.
Osumi does not teach with sufficient specificity that the solids comprise from about 40 to about 99 weight percent polyhydroxyalkanoates based on the total dry weight of the solids. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Osumi’s other components that are dispersants that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben to modify Osumi’s aqueous polyhydroxyalkanoate dispersion produced by Osumi’s method, and to optimize the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion to be from 1% by weight to 60% by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates. The proposed modification would read on the solids comprise from about 40 to about 99 weight percent polyhydroxyalkanoates based on the total dry weight of the solids as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, for modifying an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, for modifying preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom, for optimizing stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, for optimizing an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, and/or for optimizing preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom because Osumi teaches that the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], that other components include dispersants that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben [0032], that the contents of other components can be selected appropriately [0032], that the method for producing a PHA aqueous dispersion may include other steps in addition to the above step, such as a step of adding the other components to the PHA aqueous dispersion obtained by the above step [0044], and that the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which means that the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion in % by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates would have affected stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, and/or preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom.
Osumi does not teach that the polyhydroxyalkanoate particles have a moisture content of at least about 1% by weight period to mixing with the water. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize an amount of water in Osumi’s polyhydroxyalkanoate particles in Osumi’s aqueous polyhydroxyalkanoate dispersion that is to be concentrated and that is obtained from Osumi’s polyhydroxyalkanoate-containing bacterial cells obtained by culturing Osumi’s polyhydroxyalkanoate-producing bacterium to be at least about 1% by weight, based on the weight of Osumi’s polyhydroxyalkanoate particles. The proposed modification would read on the polyhydroxyalkanoate particles have a moisture content of at least about 1% by weight period to mixing with the water as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing obtainment of Osumi’s polyhydroxyalkanoate particles that have a particle median diameter of 1 to 5 µm, and for optimizing obtainment of Osumi’s aqueous polyhydroxyalkanoate dispersion because Osumi teaches that the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], that the PHA aqueous dispersion that is fed into the tubular membrane has a PHA particle median diameter of 1 to 5 µm [0020], that the solid concentration of the polyhydroxyalkanoate aqueous dispersion before being sent through the tubular membrane and concentrated is less than 45% by weight [0012], that the PHA aqueous dispersion to be concentrated in the above step of the method is an aqueous dispersion in which PHA particles are dispersed in water [0022], that the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], that the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], that the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], that the solids concentration of the PHA aqueous dispersion to be concentrated is less than 50% by weight, and from the viewpoint of more effectively enjoying the effects of the invention, it is preferably less than 45% by weight, more preferably less than 40% by weight, and even more preferably less than 35% by weight [0031], that the lower limit of the solid content is not particularly limited, but from the viewpoint of ensuring productivity, it is preferably 18% by weight more, more preferably 20% by weight or more, and even more preferably 25% by weight or more [0031], and that before the above step, the method may include a step of culturing the PHA-producing bacteria and a step of obtaining a PHA aqueous dispersion from the PHA-containing bacterial obtained by the culture [0044], which means that an amount of water in Osumi’s polyhydroxyalkanoate particles in Osumi’s aqueous polyhydroxyalkanoate dispersion that is to be concentrated and that is obtained from Osumi’s polyhydroxyalkanoate-containing bacterial cells obtained by culturing Osumi’s polyhydroxyalkanoate-producing bacterium in % by weight, based on the weight of Osumi’s polyhydroxyalkanoate particles, would have affected obtainment of Osumi’s polyhydroxyalkanoate particles that have a particle median diameter of 1 to 5 µm, and obtainment of Osumi’s aqueous polyhydroxyalkanoate dispersion.
Regarding claim 2, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the solid concentration of the polyhydroxyalkanoate aqueous dispersion before being sent through the tubular membrane and concentrated is less than 45% by weight [0012], wherein the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], wherein the PHA aqueous dispersion that is fed into the tubular membrane has a PHA particle median diameter of 1 to 5 µm [0020], wherein the PHA aqueous dispersion to be concentrated in the above step of the method is an aqueous dispersion in which PHA particles are dispersed in water, and it is sufficient that the PHA particles have a median diameter of 1 to 5 µm and a solids concentration of less than 50 wt % [0022], wherein the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], wherein the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], wherein the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], which reads on wherein the polyhydroxyalkanoate particles have a moisture content of greater than 0% by weight prior to mixing with the water.
Osumi does not teach that the polyhydroxyalkanoate particles have a moisture content of at least about 5% by weight prior to mixing with the water. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize an amount of water in Osumi’s polyhydroxyalkanoate particles in Osumi’s aqueous polyhydroxyalkanoate dispersion that is to be concentrated and that is obtained from Osumi’s polyhydroxyalkanoate-containing bacterial cells obtained by culturing Osumi’s polyhydroxyalkanoate-producing bacterium to be at least about 5% by weight, based on the weight of Osumi’s polyhydroxyalkanoate particles. The proposed modification would read on the polyhydroxyalkanoate particles have a moisture content of at least about 5% by weight prior to mixing with the water as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing obtainment of Osumi’s polyhydroxyalkanoate particles that have a particle median diameter of 1 to 5 µm, and for optimizing obtainment of Osumi’s aqueous polyhydroxyalkanoate dispersion because Osumi teaches that the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], that the PHA aqueous dispersion that is fed into the tubular membrane has a PHA particle median diameter of 1 to 5 µm [0020], that the solid concentration of the polyhydroxyalkanoate aqueous dispersion before being sent through the tubular membrane and concentrated is less than 45% by weight [0012], that the PHA aqueous dispersion to be concentrated in the above step of the method is an aqueous dispersion in which PHA particles are dispersed in water [0022], that the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], that the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], that the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], that the solids concentration of the PHA aqueous dispersion to be concentrated is less than 50% by weight, and from the viewpoint of more effectively enjoying the effects of the invention, it is preferably less than 45% by weight, more preferably less than 40% by weight, and even more preferably less than 35% by weight [0031], that the lower limit of the solid content is not particularly limited, but from the viewpoint of ensuring productivity, it is preferably 18% by weight more, more preferably 20% by weight or more, and even more preferably 25% by weight or more [0031], and that before the above step, the method may include a step of culturing the PHA-producing bacteria and a step of obtaining a PHA aqueous dispersion from the PHA-containing bacterial obtained by the culture [0044], which means that an amount of water in Osumi’s polyhydroxyalkanoate particles in Osumi’s aqueous polyhydroxyalkanoate dispersion that is to be concentrated and that is obtained from Osumi’s polyhydroxyalkanoate-containing bacterial cells obtained by culturing Osumi’s polyhydroxyalkanoate-producing bacterium in % by weight, based on the weight of Osumi’s polyhydroxyalkanoate particles, would have affected obtainment of Osumi’s polyhydroxyalkanoate particles that have a particle median diameter of 1 to 5 µm, and obtainment of Osumi’s aqueous polyhydroxyalkanoate dispersion.
Regarding claim 4, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], wherein the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], wherein the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], wherein the PHA is poly(3-hydroxybutyrate) (PHB), poly(3-hydroxybutyrate-co-hydroxyvalerate) (PHBV), poly(3-hydroxybutyrate-co-3-hydroxyvalerate-co-3-hydroxyhexanoate) (P3HB3HV3HHH), poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH), poly(3-hydroxybutyrate-co-4-hydroxybutyrate) (P3HB4HB), poly(3-hydroxybutyate-co-3-hydroxyoctanoate), poly(3-hydroxybutyrate-co-3-hydroxyoctadecanoate), or poly(3-hydroxybutrate-co-3-hydroxy-4-methylvalerate) (P3HB3H4MV) [0027], wherein the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], which reads on wherein the polyhydroxyalkanoates have a melting point and the polyhydroxyalkanoate particles are recovered from biomass and subsequent purification processes without the temperature of the polyhydroxyalkanoate particles exceeding a temperature which is about 5°C below the melting point of the polyhydroxyalkanoates, prior to mixing with the water to form the aqueous mixture as claimed.
Regarding claim 5, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the method further comprises before the above step, a step of obtaining a polyhydroxyalkanoate aqueous dispersion from polyhydroxyalkanoate-containing bacterial cells obtained by culturing a polyhydroxyalkanoate-producing bacterium [0015], wherein the aqueous dispersion to be concentrated is a PHA aqueous dispersion obtained by producing PHA using a PHA-producing microorganism and then chemically and/or physically and/or biologically treating the microorganism in water [0022], wherein the step of concentrating the PHA aqueous dispersion is carried out after culturing a PHA-producing microorganism and separating and purifying the PHA from the microorganism [0022], wherein the median diameter of the PHA particles in the PHA aqueous dispersion can be adjusted by controlling the culture time when PHA is produced by culturing the PHA-producing bacterium [0030], which reads on wherein the polyhydroxyalkanoate particles are recovered from biomass and subsequent purification processes with the temperature of the polyhydroxyalkanoates particles exceeding about 95°C, prior to mixing with the water to form the aqueous mixture as claimed.
Regarding claim 6, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], and that the dispersion is a suspension [0048], which reads on wherein the mixture is in the form of a suspension as claimed.
Regarding claim 7, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], wherein other components include dispersants that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben [0032], wherein the contents of other components can be selected appropriately [0032], which reads on wherein the solids comprise greater than 0 weight percent polyhydroxyalkanoates based on the total dry weight of the solids.
Osumi does not teach with sufficient specificity that the solids comprise from about 40 to about 50 weight percent polyhydroxyalkanoates based on the total dry weight of the solids. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Osumi’s other components that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben to modify Osumi’s aqueous polyhydroxyalkanoate dispersion produced by Osumi’s method, and to optimize the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion to be from 50% by weight to about 60% by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates. The proposed modification would read on the solids comprise from about 40 to about 50 weight percent polyhydroxyalkanoates based on the total dry weight of the solids as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, for modifying an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, for modifying preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom, for optimizing stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, for optimizing an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, and/or for optimizing preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom because Osumi teaches that the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], that other components include dispersants that are water-soluble polymers, anionic surfactants that are sodium dodecyl sulfate, sodium dodecylbenzenesulfonate, sodium cholate, sodium deoxycholate, or sodium oleate, or preservatives that are potassium sorbate, sodium benzoate, hinokitiol, or paraben [0032], that wherein the contents of other components can be selected appropriately [0032], that the method for producing a PHA aqueous dispersion may include other steps in addition to the above step, such as a step of adding the other components to the PHA aqueous dispersion obtained by the above step [0044], and that the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which means that the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion in % by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates would have affected stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, an ability of Osumi’s aqueous polyhydroxyalkanoate dispersion to coat a substrate, and/or preservation of Osumi’s aqueous polyhydroxyalkanoate dispersion or a coating made therefrom.
Regarding claim 8, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], which reads on wherein the mixture comprises 50 weight percent or less water and 50 weight percent or more solids.
Osumi does not teach with sufficient specificity that the mixture comprises from about 45 to about 55 weight percent water and from about 45 to about 55 weight percent solids. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the solids concentration of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method to be from 50% by weight to about 55% by weight and to optimize the concentration of water in Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method to be from about 45% by weight to 50% by weight. The proposed modification would read on the mixture comprises from about 45 to 50 weight percent water and from 50 to about 55 weight percent solids as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing fluidity of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method because Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], that the solid content of the PHA aqueous dispersion obtained in the above step is 50% by weight or more, preferably 52% by weight or more, and more preferably 54% by weight or more [0043], that the upper limit is not particularly limited, but from the viewpoint of ensuring the fluidity of the PHA aqueous dispersion, it is preferably 65% by weight or less, and more preferably 60% by weight or less [0043], and that the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which means that the solids concentration and the concentration of water in Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method would have affected fluidity of Osumi’s polyhydroxyalkanoate aqueous dispersion produced by Osumi’s method.
Regarding claim 9, Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV), poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH), or poly(3-hydroxybutyrate-co-3-hydroxyoctanoate) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028], which optionally reads on wherein the polyhydroxyalkanoates comprise a polyhydroxyalkanoate copolymer comprises from 80 to 99 mole percent hydroxybutyrate monomer repeat units and from 1 to 20 mole percent monomer units selected from hydroxyvalerate, hydroxyhexanoate, and hydroxyoctanoate as claimed.
Osumi does not teach a specific embodiment wherein the polyhydroxyalkanoates comprise a polyhydroxyalkanoate copolymer comprising from about 75 to about 99 mole percent hydroxybutyrate monomer repeat units and from about 1 to about 25 mole percent monomer repeat units selected from the group consisting of hydroxyvalerate, hydroxyhexanoate, hydroxyoctanoate, and hydroxydecanoate. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the average composition ratio of Osumi’s 3-hydroxybutyrate in Osumi’s PHA that is poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV), poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH), or poly(3-hydroxybutyrate-co-3-hydroxyoctanoate) to be 80 to 99 mol %. The proposed modification would read on the polyhydroxyalkanoates comprise a polyhydroxyalkanoate copolymer comprises from 80 to 99 mole percent hydroxybutyrate monomer repeat units and from 1 to 20 mole percent monomer units selected from hydroxyvalerate, hydroxyhexanoate, and hydroxyoctanoate as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for improving flexibility and strength of Osumi’s polyhydroxyalkanoate because Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV), poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH), or poly(3-hydroxybutyrate-co-3-hydroxyoctanoate) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028].
Regarding claim 10, Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH) [0027], which reads on wherein the polyhydroxyalkanoates comprise poly-3-hydroxybutyrate-co-3-hydroxyhexanoate (“P(3HB-co-3HHx)”) as claimed.
Regarding claim 11, Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028], which optionally reads on wherein the P(3HB-co-3HHx) comprises from 80 to 88 mole percent hydroxybutyrate and from 2 to 20 mole percent hydroxyhexanoate.
Osumi does not teach a specific embodiment wherein the P(3HB-co-3HHx) comprises from about 85 to about 98 mole percent hydroxybutyrate and from about 2 to about 15 mole percent hydroxyhexanoate. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the average composition ratio of Osumi’s 3-hydroxybutyrate in Osumi’s PHA that is poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH) to be about 85 to about 98 mol %. The proposed modification would read on wherein the P(3HB-co-3HHx) comprises from about 85 to about 98 mole percent hydroxybutyrate and from about 2 to about 15 mole percent hydroxyhexanoate as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing flexibility and strength of Osumi’s polyhydroxyalkanoate because Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyhexanoate) (PHBH) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028].
Regarding claim 12, Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyvalerate-co-3-hydroxyhexanoate) (P3HB3HV3HH) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028], which optionally reads on wherein the polyhydroxyalkanoates comprise a polyhydroxyalkanoate terpolymer made up from 80 to 99 mole percent monomer repeat units of 3-hydroxybutyrate, greater than 0 and less than 20 mole percent monomer repeat units of 3-hydroxyhexanoate, and greater than 0 and less than 20 mole percent monomer repeat units of a third 3-hydroxyalkanoate having 5 carbon atoms.
Osumi does not teach a specific embodiment wherein the polyhydroxyalkanoates comprise a polyhydroxyalkanoate terpolymer made up from about 75 to about 99.9 mole percent monomer repeat units of 3-hydroxybutyrate, from about 0.1 to about 25 mole percent monomer repeat units of 3-hydroxyhexanoate, and from about 0.1 to about 25 mole percent monomer repeat units of a third 3-hydroxyalkanoate having from 5 to 12 carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the average composition ratio of Osumi’s 3-hydroxybutyrate in Osumi’s PHA that is poly(3-hydroxybutyrate-co-3-hydroxyvalerate-co-3-hydroxyhexanoate) (P3HB3HV3HH) to be 80 to 99 mol %. The proposed modification would read on wherein the polyhydroxyalkanoates comprise a polyhydroxyalkanoate terpolymer made up from 80 to 99 mole percent monomer repeat units of 3-hydroxybutyrate, greater than 0 and less than 20 mole percent monomer repeat units of 3-hydroxyhexanoate, and greater than 0 and less than 20 mole percent monomer repeat units of a third 3-hydroxyalkanoate having 5 carbon atoms, which would read on the claimed ranges. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for improving flexibility and strength of Osumi’s polyhydroxyalkanoate because Osumi teaches that the PHA is poly(3-hydroxybutyrate-co-3-hydroxyvalerate-co-3-hydroxyhexanoate) (P3HB3HV3HH) [0027], and that when the PHA has a repeating structural unit of 3-hydroxybutyrate, the average composition ratio of the repeating structural unit is preferably 80 to 99 mol % from the viewpoint of the balance between flexibility and strength of the PHA [0028].
Regarding claim 14, Osumi teaches that the method for producing an aqueous polyhydroxyalkanoate dispersion comprises a step of feeding an aqueous polyhydroxyalkanoate dispersion having polyhydroxyalkanoate particles with a median diameter of 1 to 5 µm and a solid concentration of less than 50% by weight through a tubular membrane with an inner diameter of 4 to 10 mm and an average pore size of 0.05 to 0.5 µm, thereby concentrating the solids concentration to 50% by weight or more [0011], wherein the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], wherein other components include dispersants that are water-soluble polymers that are polyvinyl alcohol, methyl cellulose, ethyl cellulose, hydroxymethyl cellulose, or hydroxyethyl cellulose [0032], wherein the contents of other components can be selected appropriately [0032], wherein the method for producing a PHA aqueous dispersion may include other steps in addition to the above step, such as a step of adding the other components to the PHA aqueous dispersion obtained by the above step [0044], wherein the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which optionally reads on the solids further comprise greater than 0 weight percent and less than 100 weight percent, based on the total dry weight of the solids, of a polymer selected from poly(vinyl alcohol), and polysaccharides.
Osumi does not teach that the solids further comprise from about 1 weight percent to about 25 weight percent, based on the total dry weight of the solids, of a polymer selected from the group consisting of poly(lactic acid), poly(caprolactone), poly(ethylene sebecate), poly(butylene succinate), poly(butylene succinate-co-adipate), poly(butylene adipate terephthalate), poly(vinyl acetate), poly(vinyl alcohol), poly(3-hydroxypropionate), polysaccharides, and mixtures thereof. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Osumi’s other components that are dispersants that are water-soluble polymers that are polyvinyl alcohol, methyl cellulose, ethyl cellulose, hydroxymethyl cellulose, or hydroxyethyl cellulose to modify Osumi’s aqueous polyhydroxyalkanoate dispersion produced by Osumi’s method, and to optimize the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion to be from 1% by weight to 25% by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates. The proposed modification would read on the solids further comprise from 1 weight percent to 25 weight percent, based on the total dry weight of the solids, of a polymer selected from poly(vinyl alcohol), and polysaccharides as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying stability of Osumi’s aqueous polyhydroxyalkanoate dispersion, and/or for optimizing stability of Osumi’s aqueous polyhydroxyalkanoate dispersion because Osumi teaches that the PHA aqueous dispersion to be concentrated in the above step may contain other components in addition to water and PHA particles [0032], that other components include dispersants that are water-soluble polymers that are polyvinyl alcohol, methyl cellulose, ethyl cellulose, hydroxymethyl cellulose, or hydroxyethyl cellulose [0032], that the contents of other components can be selected appropriately [0032], that the method for producing a PHA aqueous dispersion may include other steps in addition to the above step, such as a step of adding the other components to the PHA aqueous dispersion obtained by the above step [0044], and that the PHA aqueous dispersion obtained by the method can be used as a raw material for coatings [0045], which means that the contents of Osumi’s other components in Osumi’s aqueous polyhydroxyalkanoate dispersion in % by weight based on the total weight of Osumi’s other components and Osumi’s polyhydroxyalkanoates would have affected stability of Osumi’s aqueous polyhydroxyalkanoate dispersion.
Regarding claim 16, the Office recognizes that all of the claimed physical properties are not positively taught by Osumi, namely that the biodegradable aqueous mixture has a Brookfield viscosity from about 1 to about 5,500 centipoise, when measured in accordance with ISO 1652. However, Osumi renders obvious all of the claimed ingredients, amounts, process steps, and process conditions of the biodegradable aqueous mixture of claim 1 as explained above. Furthermore, the specification of the instant application recites that once prepared, the biodegradable aqueous mixture typically has a Brookfield viscosity from about 1 to about 5,500 centipoise, when measured in accordance with ISO 1652 [077]. Therefore, the claimed physical properties would naturally arise from the biodegradable aqueous mixture that is rendered obvious by Osumi. 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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Osumi et al. (WO 2020/100598 A1, machine translation in English used for citation) as applied to claim 1, and further in view of Grubbs et al. (US 2020/0048493 A1, cited in IDS).
Regarding claim 13, Osumi renders obvious the biodegradable aqueous mixture of claim 1 as explained above.
Osumi does not teach that the polyhydroxyalkanoates have a weight average molecular weight from about 50,000 Daltons to about 2.5 million Daltons, as determined by ASTM D5296-05. However, Grubbs teaches polyhydroxyalkanoates that have a weight average molecular weight from about 50,000 Daltons to about 2.5 million Daltons [0010], that are present in a dispersion [0010] that is a biodegradable aqueous dispersion for coating food contact substrates [0006], and that the PHA are PHA particles [0063]. Osumi and Grubbs are analogous art because both references are in the same field of endeavor of a biodegradable aqueous mixture for coating substrates, the mixture comprising water and solids comprising polyhydroxyalkanoates in the form of polyhydroxyalkanoate particles. Before the effective filing date of the claimed invention,