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 .
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.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 3, 7, and 15 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 3 recites the limitation “a weight ratio of 5:95 to 95:5, more preferably 20:80 to 80:20” in lines 1-2, which is indefinite because the term “more preferably” makes it unclear if “20:80 to 80:20” is required. For further examination of the claims, this limitation is interpreted as “a weight ratio of 5:95 to 95:5”.
Claim 7 recites the limitation “up to 30wt% of cellulose, preferably 10-30 wt% of cellulose” in lines 2-3, which is indefinite because the term “preferably” makes it unclear if “10-30 wt% of cellulose” is required. For further examination of the claims, this limitation is interpreted as “up to 30 wt% of cellulose”.
Claim 7 recites the limitation “at least a cellulose-degrading enzyme, such as exoglucanase (EXG), endoglucanase (EG) and β-glucosidase (BGL)” in lines 4-5, which is indefinite because the phrase “such as’ makes it unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For further examination of the claims, this limitation is interpreted as “at least a cellulose-degrading enzyme”.
Claim 15 recites the limitation “adding suitable ingredients to the lignin-based bioplastic material, such as gelantinized starch, amino acids, peptides, sugars, oligosaccharides, carragenins, and/or a lignin-degrading microbe” in lines 4-6, which is indefinite because the phrase “such as’ makes it unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For further examination of the claims, this limitation is interpreted as “adding suitable ingredients to the lignin-based bioplastic material”.
Claim 15 recites the limitation “adding a water-based disaggregating/degradating solution, such as a solution of phosphoric acid or alkaline or enzymatic or inoculated solution of composting-bacteria pools, at the end of the application” in lines 7-9, which is indefinite because the phrase “such as’ makes it unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Also, it is unclear how “at the end of the application” limits “adding a water-based disaggregating/degradating solution” because there is insufficient antecedent basis for “the end of the application” and “the application” in the claim because the claims do not recite “application” prior this this limitation in the claims. Based on the specification of the instant application (p. 17, l. 12-23), for further examination of the claims, this limitation is interpreted as “adding a water-based disaggregating/degradating solution to the lignin-based bioplastic material”.
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 1-6, 8, 11, 12, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bastioli et al. (US 2015/0267037 A1).
Regarding claims 1, 2, and 6, Bastioli teaches a film comprising a composition containing at least one thermoplastic polyester selected from aliphatic-aromatic polyesters [0010], wherein the aliphatic-aromatic polyesters are poly(butylene adipate-co-butylene terephthalate) [0041], wherein the films may be used to manufacture mulch films, wherein the films are capable of effectively performing their action of protecting soil [0093], wherein the film is particularly suitable for use in the sector of mulching films [0001], which reads on an item for agriculture at least partially made of a bioplastic material and having a 2D or 3D shape, said bioplastic material comprising at least a biodegradable biopolymer, wherein said at least a biodegradable biopolymer is selected from polybutylene adipate terephthalate (PBAT) as claimed. Bastioli teaches that the composition may comprise lignin [0012], where as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], which optionally reads on the bioplastic material is a lignin-based bioplastic material, said lignin-based bioplastic material further comprising a lignin fraction, said lignin fraction comprising fragments having a weight average molecular weight between 500 and 5,000 Daltons, as measured by Size-Exclusion Chromatography. The specification of the instant application recites that the Mw values have been divided by 180 Da, thus obtaining the phenylpropane unit numbers on weight average (p. 5, l. 13-14). Bastioli’s teachings therefore read on said fragments comprising 3-28 phenylpropane units on weight average. The phenylpropane units on weight average is based on the calculations 500/180 = 3 and 5000/180 = 28.
Bastioli does not teach a specific embodiment wherein the bioplastic material is a lignin-based bioplastic material, said lignin-based bioplastic material further comprising a lignin fraction, said lignin fraction comprising fragments having a weight average molecular weight of 4,000-15,000 Daltons, as measured by Size-Exclusion Chromatography, said fragments comprising 22-83 phenylpropane units on weight average, wherein said lignin fraction comprises fragments having a weight average molecular weight of 4,000-6,000 Daltons or 9,000-11,000 Daltons. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bastioli’s lignin to modify Bastioli’s composition in Bastioli’s film, and to optimize the weight average molecular weight of Bastioli’s lignin to be greater than or equal to 4000 g/mol and less than 5000 g/mol. The proposed modification would read on the bioplastic material is a lignin-based bioplastic material, said lignin-based bioplastic material further comprising a lignin fraction, said lignin fraction comprising fragments having a weight average molecular weight of 4,000-5,000 Daltons, as measured by Size-Exclusion Chromatography, said fragments comprising 22-28 phenylpropane units on weight average as claimed. The phenylpropane units on weight average is based on the calculations 4000/180 = 22 and 5000/180 = 28. One of ordinary skill in the art would have been motivated to do so because Bastioli teaches that the composition may comprise lignin [0012], that as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], that in a particularly preferred embodiment the lignin will have a number average molecular weight Mn of 200-3000 g/mol [0021], that it has in fact been surprisingly found that lignins having the abovementioned number average molecular weights are more effectively dispersible in the composition, thus making it possible to obtain films characterized by higher elongation on failure values in comparison with films comprising compositions containing higher molecular weight lignin [0022], and that as far as the molecular weight polydispersity index Mw/Mn is concerned, this is instead preferably between 1 and 5 [0024], which means that Bastioli’s lignin would have been beneficial for modifying elongation on failure of Bastioli’s film, and that the weight average molecular weight of Bastioli’s lignin in g/mol would have affected dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film, which means that optimizing the weight average molecular weight of Bastioli’s lignin in g/mol would have been beneficial for optimizing dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film.
Regarding claims 3 and 4, Bastioli teaches that the composition of the film contains the at least one thermoplastic polyester selected from aliphatic-aromatic polyesters [0010] that are poly(butylene adipate-co-butylene terephthalate) [0041] and 0.1-10% by weight, of at least one polyphenol [0010], and that the composition may comprise, in addition to the polyphenols, up to 10% by weight of the lignin [0012], which reads on wherein, in the lignin-based bioplastic material, the lignin fraction and the at least a biodegradable biopolymer are in a weight ratio of 0:100 to 11.1:88.9, wherein the lignin-based bioplastic material comprises up to 10 wt% of lignin fraction, based on the material weight. The weight ratio is based on the calculations 0% : (100% - 0.1% - 0%) = 0% : 99.9% = 0% / (0% + 99.9%) * 100 : 99.9 / (0% + 99.9%) * 100 = 0:100 and 10% : (100% - 10% - 10%) = 10% : 80% = 10% / (10% + 80%) * 100 : 80% / (10% + 80%) * 100 = 11.1:88.9.
Bastioli does not teach a specific embodiment wherein, in the lignin-based bioplastic material, the lignin fraction and the at least a biodegradable biopolymer are in a weight ratio of 5:95 to 95:5, more preferably 20:80 to 80:20, and wherein the lignin-based bioplastic material comprises up to 90 wt% of lignin fraction, based on the material weight. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bastioli’s lignin to modify Bastioli’s composition in Bastioli’s film, to optimize the weight average molecular weight of Bastioli’s lignin to be greater than or equal to 4000 g/mol and less than 5000 g/mol, and to optimize the amount of Bastioli’s lignin in Bastioli’s composition to be from 4.995% to 10% by weight. The proposed modification would read on wherein, in the lignin-based bioplastic material, the lignin fraction and the at least a biodegradable biopolymer are in a weight ratio of 5:95 to 11.1:88.9 as claimed, wherein the lignin-based bioplastic material comprises at least 4.995 wt% and up to 10 wt% of lignin fraction, based on the material weight as claimed. The weight ratio is based on the calculations 4.995% : (100% - 0.1% - 4.995%) = 4.995% : 94.905% = 4.995% / (4.995% + 94.905%) * 100 : 94.905% / (4.995% + 94.905%) * 100 = 5:95 and 10% : (100% - 10% - 10%) = 10% : 80% = 10% / (10% + 80%) * 100 : 80% / (10% + 80%) * 100 = 11.1:88.9. One of ordinary skill in the art would have been motivated to do so because Bastioli teaches that the composition may comprise up to 10% by weight of lignin [0012], that as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], that in a particularly preferred embodiment the lignin will have a number average molecular weight Mn of 200-3000 g/mol [0021], that it has in fact been surprisingly found that lignins having the abovementioned number average molecular weights are more effectively dispersible in the composition, thus making it possible to obtain films characterized by higher elongation on failure values in comparison with films comprising compositions containing higher molecular weight lignin [0022], and that as far as the molecular weight polydispersity index Mw/Mn is concerned, this is instead preferably between 1 and 5 [0024], which means that Bastioli’s lignin would have been beneficial for modifying elongation on failure of Bastioli’s film, and that the weight average molecular weight of Bastioli’s lignin in g/mol and the amount of Bastioli’s lignin in Bastioli’s composition in % by weight would have affected dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film, which means that optimizing the weight average molecular weight of Bastioli’s lignin in g/mol and the amount of Bastioli’s lignin in Bastioli’s composition in % by weight would have been beneficial for optimizing dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film.
Regarding claim 5, Bastioli teaches that the composition may comprise lignin [0012], where as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], wherein as far as the molecular weight polydispersity index Mw/Mn is concerned, this is instead preferably between 1 and 5 [0024], which reads on said lignin fraction having a polydispersity index (PDI) of between 1 and 5.
Bastioli does not teach a specific embodiment of said lignin fraction having a polydispersity index (PDI) of 1.25 to 12. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bastioli’s lignin to modify Bastioli’s composition in Bastioli’s film, to optimize the weight average molecular weight of Bastioli’s lignin to be greater than or equal to 4000 g/mol and less than 5000 g/mol, and to optimize the molecular weight polydispersity index Mw/Mn of Bastioli’s lignin to be greater than or equal to 1.25 and less than 5. The proposed modification would read on said lignin fraction having a polydispersity index (PDI) of 1.25 to 5 as claimed. One of ordinary skill in the art would have been motivated to do so because Bastioli teaches that the composition may comprise lignin [0012], that as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], that as far as the molecular weight polydispersity index Mw/Mn is concerned, this is instead preferably between 1 and 5 [0024], that in a particularly preferred embodiment the lignin will have a number average molecular weight Mn of 200-3000 g/mol [0021], and that it has in fact been surprisingly found that lignins having the abovementioned number average molecular weights are more effectively dispersible in the composition, thus making it possible to obtain films characterized by higher elongation on failure values in comparison with films comprising compositions containing higher molecular weight lignin [0022], which means that Bastioli’s lignin would have been beneficial for modifying elongation on failure of Bastioli’s film, and that the weight average molecular weight of Bastioli’s lignin in g/mol and the molecular weight polydispersity index Mw/Mn of Bastioli’s lignin would have affected dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film, which means that optimizing the weight average molecular weight of Bastioli’s lignin in g/mol and the molecular weight polydispersity index Mw/Mn of Bastioli’s lignin would have been beneficial for optimizing dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film.
Regarding claim 8, Bastioli teaches that the composition of the film may also comprise additives such as for example inorganic fillers [0086], wherein examples of particularly preferred inorganic fillers are calcium carbonate [0087], which optionally reads on wherein the lignin-based bioplastic material further comprises a soil enhancer, said soil enhancer being a carbonate as claimed.
Bastioli does not teach a specific embodiment wherein the lignin-based bioplastic material further comprises a soil enhancer, said soil enhancer being a carbonate, hydrogen carbonate, oxide, or hydroxide, of potassium, sodium, lithium, calcium, magnesium, iron, zinc, copper, or ammonium, or a mixture thereof. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bastioli’s inorganic fillers that are calcium carbonate to modify Bastioli’s composition in Bastioli’s film. The proposed modification would read on wherein the lignin-based bioplastic material further comprises a soil enhancer, said soil enhancer being a carbonate as claimed. One of ordinary skill in the art would have been motivated to do so because Bastioli teaches that the composition of the film may also comprise additives such as for example inorganic fillers [0086], wherein examples of particularly preferred inorganic fillers are calcium carbonate [0087], which would have been beneficial for providing reinforcement for Bastioli’s composition and film, which would have been beneficial for modifying mechanical properties of Bastioli’s composition and film.
Regarding claim 11, Bastioli teaches much film comprising the film (Bastioli’s claim 14, [0093]) comprising the composition [0010], which reads on the item for agriculture of claim 1, having a 2D shape, said item being a mulch film as claimed.
Regarding claim 12, Bastioli teaches that the film thickness is 6-200 microns [0092], which reads on wherein said 2D shaped item has a thickness of 6-200 µm as claimed.
Regarding claim 14, Bastioli satisfies the limitation the item for agriculture of claim 11, wherein said 3D shaped item has a thickness of 0.1-10 mm as claimed because claims 1, 11, and 14 do not require the item for agriculture to have a 3D shape if the item for agriculture has a 2D shape and is a mulch film, mulch net, earth retaining net, coating film, film for soil solarization, tape, lace, string, cable tie, band, wrapper, or a combination thereof, and Bastioli renders it obvious that the item for agriculture has a 2D shape and is a mulch film, as explained above for claim 11.
Regarding claim 15, the Office recognizes that all of the claimed physical properties are not positively taught by Bastioli, namely that the item for agriculture has a rate of water-solubilization and/or degradation that over time is modulated by: adding suitable ingredients to the lignin-based bioplastic material, such as gelatinized starch, amino acids, peptides, sugars, oligosaccharides, carragenins, and/or a lignin-degrading microbe, and/or adding a water-based disaggregating/degradating solution, such as a solution of phosphoric acid or alkaline or enzymatic or inoculated solution of compositing-bacteria pools, at the end of the application. However, Bastioli renders obvious all of the claimed ingredients, amounts, process steps, and process conditions of the item for agriculture of claim 1 as explained above. Furthermore, the specification of the instant application recites that the degradation rate over time of the lignin-based bioplastic material of the invention can be modulated also by adding suitable ingredients having a high rate of water- solubilization and/or degradation, such as gelatinized starch, amino acids, peptides, sugars, oligosaccharides, carragenins, and/or by adding a suitable amount of a lignin- degrading microbe, as described above (p. 17, l. 12-16), and that owing to the nature of the lignin-based bioplastic material of the invention, it is possible to inject into the driplines, after the last irrigation, a water-based disaggregating/degradating solution, preferably designed to act on the more abundant component of the material (p. 17, l. 20-23). Therefore, the claimed physical properties would naturally arise from the item for agriculture that is rendered obvious by Bastioli. 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.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Bastioli et al. (US 2015/0267037 A1) as applied to claim 1, and further in view of Offerman (US 2002/0132884 A1).
Regarding claim 7, Bastioli renders obvious the item for agriculture of claim 1 as explained above. Bastioli teaches that in addition to the aliphatic-aromatic thermoplastic polyesters, the composition of the film preferably comprises one or more polymers of natural origin, which may be biodegradable [0074], that as far as polymers of natural origin are concerned, these are for example cellulose [0078], that preferably the composition comprises between 5 and 50% of the polymers of natural origin described above with respect to the total weight of the composition [0079], and that the composition may comprise, in addition to the polyphenols, up to 10% by weight of the lignin [0012], which optionally reads on the item for agriculture of claim 1, comprising a lignin fraction further comprising greater than 0 wt% of cellulose, based on the weight of the lignin fraction.
Bastioli does not teach a specific embodiment of the item for agriculture comprising a lignin fraction further comprising up to 30 wt% of cellulose, preferably 10-30 wt% of cellulose, based on the weight of the lignin fraction. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bastioli’s lignin to modify Bastioli’s composition in Bastioli’s film, to optimize the weight average molecular weight of Bastioli’s lignin to be greater than or equal to 4000 g/mol and less than 5000 g/mol, to use Bastioli’s one or more polymers of natural origin that are cellulose to modify Bastioli’s composition in Bastioli’s film, and to optimize the amount of Bastioli’s cellulose in Bastioli’s composition to be up to 30% by weight with respect to the weight of Bastioli’s lignin. The proposed modification would read on the item for agriculture of claim 1, comprising a lignin fraction further comprising up to 30 wt% of cellulose, based on the weight of the lignin fraction as claimed. One of ordinary skill in the art would have been motivated to do so because Bastioli teaches that in addition to the aliphatic-aromatic thermoplastic polyesters, the composition of the film preferably comprises one or more polymers of natural origin, which may be biodegradable [0074], that as far as polymers of natural origin are concerned, these are for example cellulose [0078], that preferably the composition comprises between 5 and 50% of the polymers of natural origin described above with respect to the total weight of the composition [0079], that the composition may comprise, in addition to the polyphenols, up to 10% by weight of the lignin [0012], that as far as the weight average molecular weight of the lignin is concerned, this is advantageously between 500 g/mol and 5000 g/mol [0023], that in a particularly preferred embodiment the lignin will have a number average molecular weight Mn of 200-3000 g/mol [0021], that it has in fact been surprisingly found that lignins having the abovementioned number average molecular weights are more effectively dispersible in the composition, thus making it possible to obtain films characterized by higher elongation on failure values in comparison with films comprising compositions containing higher molecular weight lignin [0022], and that as far as the molecular weight polydispersity index Mw/Mn is concerned, this is instead preferably between 1 and 5 [0024], which means that Bastioli’s cellulose would have been beneficial for modifying biodegradability of Bastioli’s composition, that Bastioli’s lignin would have been beneficial for modifying elongation on failure of Bastioli’s film, that the weight average molecular weight of Bastioli’s lignin in g/mol would have affected dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film, and that the amount of Bastioli’s cellulose in Bastioli’s composition in % by weight with respect to the weight of Bastioli’s lignin would have affected an extent of biodegradability of Bastioli’s composition, which means that optimizing the weight average molecular weight of Bastioli’s lignin in g/mol would have been beneficial for optimizing dispersibility of Bastioli’s lignin in Bastioli’s composition and elongation on failure of Bastioli’s film, and that optimizing the amount of Bastioli’s cellulose in Bastioli’s composition in % by weight with respect to the weight of Bastioli’s lignin would have been beneficial for optimizing an extent of biodegradability of Bastioli’s composition.
Bastioli does not teach that the item for agriculture further comprises at least a cellulose-degrading enzyme, such as exoglucanase (EXG), endoglucanase (EG), and β-glucosidase (BGL). However, Offerman teaches that a polymeric article is contacted with a triggering agent to promote degradation, wherein the article is an agricultural mulch film [0022], wherein the triggering agent is cellulases [0030]. Since cellulases are a cellulose-degrading enzyme, Offerman’s cellulases read on a cellulose-degrading enzyme. Bastioli and Offerman are analogous art because both references are in the same field of endeavor of an item for agriculture at least partially made of a bioplastic material and having a 2D shape, said bioplastic material comprising at least a biodegradable biopolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Offerman’s cellulases to modify Bastioli’s film. The proposed modification would read on the item for agriculture of claim 1 further comprises at least a cellulose-degrading enzyme, such as exoglucanase (EXG), endoglucanase (EG), and β-glucosidase (BGL) as claimed. One of ordinary skill in the art would have been motivated to do so because Offerman teaches that the cellulases are beneficial for being a triggering agent [0030], that the triggering agent is beneficial for promoting degradation of a polymeric article that is an agricultural mulch film [0022], which would have been desirable for Bastioli’s film because Bastioli teaches that the film is used to manufacture mulch films [0041], that a mulch film comprises the film (Bastioli’s claim 14, [0093]), and that the film is biodegradable [0001].
Regarding claim 9, Bastioli renders obvious the item for agriculture of claim 1 as explained above.
Bastioli does not teach that the lignin-based bioplastic material further comprises a lignin-degrading microbe, said lignin-degrading microbe being an enzyme, a bacterium, a fungus, a mold, or a mixture thereof. However, Offerman teaches that a polymeric article is contacted with a triggering agent to promote degradation, wherein the article is an agricultural mulch film [0022], wherein the triggering agent is esterases or cellulases [0030]. The specification of the instant application recites that suitable enzymes are esterase and cellulase (p. 10, l. 19-20), which means that Offerman’s esterases or cellulases read on a lignin-degrading microbe being an enzyme. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Offerman’s esterases or cellulases to modify Bastioli’s film. The proposed modification would read on wherein the lignin-based bioplastic material further comprises a lignin-degrading microbe, said lignin-degrading microbe being an enzyme as claimed. One of ordinary skill in the art would have been motivated to do so because Offerman teaches that the esterases or cellulases are beneficial for being a triggering agent [0030], that the triggering agent is beneficial for promoting degradation of a polymeric article that is an agricultural mulch film [0022], which would have been desirable for Bastioli’s film because Bastioli teaches that the film is used to manufacture mulch films [0041], that a mulch film comprises the film (Bastioli’s claim 14, [0093]), and that the film is biodegradable [0001].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bastioli et al. (US 2015/0267037 A1) as applied to claim 1, and further in view of Zhao et al. (CN 110547078 A, machine translation in English used for citation).
Regarding claim 10, Bastioli renders obvious the item for agriculture of claim 1 as explained above.
Bastioli does not teach that the lignin-based bioplastic material further comprises a fungus of Trichoderma genus, said fungus being selected from Trichloderma species, their protoplast fusants, and mixtures thereof, and wherein the fungus is in a concentration up to 1×107 spores/mg of lignin-based bioplastic material. However, Zhao teaches Trichoderma echinosporum strain that is dissolved in sterile distilled water to obtain an aqueous solution of composting agent with a Trichloderma echinosporum strain spore content of not less than 0.64×1010 spores/mL and a cellulase content [0012], wherein the composting agent solution is contacted with farmyard manure and is fermented [0013], wherein the fermentation mixture is sprinkled onto farmland [0014], wherein the farmland is covered with plastic film [0016], wherein the plastic film is a mulching film (Abstract), wherein the compositing agent aqueous solution prepared by cellulase and Trichoderma hydroscopicis strain as active ingredients effectively reduce the occurrence of pests and diseases in farmland and greenhouse soil, increase soli permeability and aeration, increase fertility, and accelerate the degradation rate of plant pruned branches and crop straw [0018]. Bastioli and Zhao are analogous art because both references are in the same field of endeavor of an item for agriculture having a 2D or 3D shape. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Zhao’s Trichoderma echinosporum strain to modify Bastioli’s film, and to optimize the amount of Zhao’s Trichoderma echinosporum strain in Bastioli’s film to be up to 1×107 spores/mg of Bastioli’s composition in Bastioli’s film. The proposed modification would read on the lignin-based bioplastic material further comprises a fungus of Trichoderma genus, said fungus being selected from Trichloderma species, and wherein the fungus is in a concentration up to 1×107 spores/mg of lignin-based bioplastic material ass claimed. One of ordinary skill in the art would have been motivated to do so because Zhao teaches that the Trichoderma hydroscopicis strain is an active ingredient that is beneficial for effectively reducing the occurrence of pests and diseases in farmland and greenhouse soil, increase soil permeability and aeration, increase fertility, and accelerate the degradation rate of plant pruned branches and crop straw when it is present in a composting agent aqueous solution prepared by cellulase and Trichoderma hydroscopicis strain as active ingredients [0018], that the resulting composting agent is in contact with farmyard manure [0013] that is in contacted with farmland [0014] that is covered with plastic film [0016] that is a mulching film (Abstract), which means that Zhao’s Trichoderma echinosporum strain would have been beneficial for reducing the occurrence of pests and diseases in Bastioli’s film, for increasing soil permeability and aeration during use of Bastioli’s film, for increasing fertility during use of Bastioli’s film, and for accelerating the degradation rate of Bastioli’s film, which would have been desirable for Bastioli’s film because Bastioli teaches that the film is used to manufacture mulch films [0041], that a mulch film comprises the film (Bastioli’s claim 14, [0093]), that the film is biodegradable [0001], and that the film comprises the composition [0010], which means that the amount of Zhao’s Trichoderma echinosporum strain in Bastioli’s film in spores/mg of Bastioli’s composition in Bastioli’s film would have affected the degradation rate of Bastioli’s film, which means that optimizing the amount of Zhao’s Trichoderma echinosporum strain in Bastioli’s film in spores/mg of Bastioli’s composition in Bastioli’s film would have been beneficial for optimizing the degradation rate of Bastioli’s film.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bastioli et al. (US 2015/0267037 A1) as applied to claim 1, and further in view of Cao et al. (US 2013/0303667 A1, cited in IDS).
Regarding claim 13, Bastioli renders obvious the item for agriculture of claim 1 as explained above. Bastioli teaches multilayers in which the composition is extruded onto other plastics substrates [0094].
Bastioli does not teach that the item for agriculture has a 3D shape, said item being a container, a tray, a pipe, a dripline, a dripper, a water emitter, a pipe fitting, a nozzle, a hose connector, a water filter, or a combination thereof. However, Cao teaches extruded products that are pipes, wherein a trans-esterified lignin/thermoplastic blend is used for the extruded products, or wherein the trans-esterified lignin/thermoplastic blend is used for agricultural films [0034]. Bastioli and Cap are analogous art because both references are in the same field of endeavor of an item for agriculture at least partially made oaf a lignin-based bioplastic material and having a 2D or 3D shape, said lignin-base bioplastic material comprising a lignin fraction. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to extrude Bastioli’s composition onto a plastic substrate that is Cao’s extruded products that are pipes. The proposed modification would read on the item for agriculture of claim 1, having a 3D shape, said item being a pipe as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for providing an additional utility of Bastioli’s composition because Cao teaches that a trans-esterified lignin/thermoplastic blend is beneficial for being used for extruded products that are pipes or for agricultural films [0034], and because Bastioli teaches multilayers in which the composition is extruded onto other plastics substrates [0094], that the composition contains at least one thermoplastic polyester selected from aliphatic-aromatic polyesters [0010], and that the composition may comprise lignin [0012].
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767