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
Applicants claim priority to PCT application and NL application. None of the priority documents have been received by the office.
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 10-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tangelder (US 2012/0135169).
With respect to claims 1-4, 6, 7, 10, 12 and 20, Tangelder discloses composition comprising one or more base flours, plasticizers and a polymer (claim 1). The polymer is biodegradable polymer such as PGA, PBAT, PBS, PHBV, PCL, PBSA, PHB and the like (claim 8).
Flour utilized in Tangelder is made from seeds, grass and roots flour which includes plants used to make cereal such as triticale seeds, oats, corn, rice, barley [0067].
Plasticizers include low molecular weight polyols and sugars, oligosaccharides, esters of carboxylic acids and the like [0076], wherein low molecular weight polyols are solid at room temperatures with melting point above 70oC.
Basic formulation comprises polymers in amount of 1-90 wt.%, 10-90 wt.% of one or more flours, 2.5-30 wt.% of plasticizers [0079], 0-20 wt.% of fillers. More preferred content of flours is 40-97.5 wt.%. More preferred content of polymer is 2.5-60 wt.%.
With respect to claim 5 and 21, Tangelder teaches that one or more of the flour can be utilized as such combination is clearly envisaged and chosen from the list disclosed. Additionally, content of additional flours reciting “up to 100% by weight” does not recite lower limit as such content can also be zero.
With respect to claim 11, filler can be selected from silica, aluminosilicates (mica or clays such as montmorillonite, smectite and hectorite), natural fibers such as pecan fibers and talc [0077].
With respect to claim 13, Tangelder discloses use of additives such as pigments, odorants (fragrances) and antioxidants [0078].
With respect to claim 14-18, the base formulation if first dried at a temperature of 0-60oC [0088]. The composition is obtained by blending one or more polymers with the previously dried base (dried base being the intermediate step). Compounding is performed using multiple screw extruders (shearing forces) at a temperature range of 100-180oC [0092]. The composition is molded into an article using various molding processes such as injection molding, compression molding, blow molding, thermoforming, heat welding and the like [0092]. As mention in rejection of instant claim 1 and 7, plasticizer has melting point of more than 70oC and during process the plasticizer will also melt, because Tangelder teaches melt blending.
With respect to claim 19, Tangelder discloses first making pellets or granulates [0095] which are then utilized to make bioplastic articles such as packaging containers [0106] which are used for short time and disposed. Organic waste bags, biodegradable mulch foils, foil packaging (all read on single serve packaging) [0107].
Claim Rejections - 35 USC § 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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tangelder (US 2012/0135169) in view of Wang (US 8,283,006).
Discussion of Tangelder from paragraph 1 of this office action is incorporated here by references.
As it was mentioned in paragraph 1, Tangelder discloses plasticizers polyols which are low molecular weight polyhydric alcohols, sugars, saccharides and esters of carboxylic acid [0076]. Tangelder clearly says that plasticizers used there in are understood to mean compounds that aid formability or shape ability of the mixtures. Tangelder also clearly states that plasticizers listed are examples, and therefore plasticizers are not limited to only those listed. Tangelder does not prohibit or does not exclude using other plasticizers which are functional equivalents of those listed.
Wang discloses composition comprising biopolymers and starches that also utilizes plasticizers. Starting col. 4, line 22 Wang not only teaches the same plasticizers as Tangelder but also functional equivalents such as sorbitol and xylitol which are generically called sugars in Tangelder.
In the light of the above disclosure it would have been obvious to one having ordinary skill in the art at the time instant invention was filled to utilize sorbitol and/or xylitol of Wang in the teachings of Tangelder because sorbitol and xylitol are sugars clearly envisaged by Tangelder.
USPQ 423, 426 (CCPA 1971).Selection of a known material based on its suitability for its intended use supports prima facie obviousness. Sinclair & Carroll Co vs. Interchemical Corp. 325 U.S. 327, 65 USPQ 297 (1945).
Correspondence
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/KATARZYNA I KOLB/Primary Examiner, Art Unit 1767 August 7, 2025