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 of claims 1-19,22-26 without traverse in the reply filed on 7-7-26 is acknowledged.
Abstract
Applicant is reminded of the proper language and format of an Abstract of
the Disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 250 words. The printer will no longer accept Abstracts that are more than 25 lines, regardless of the number of words.
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.
Claim(s) 14-19,22-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP5009586 See col. 2 lines 5-20, col. 4 lines 10-39, and claim 1 in view of EP0370242 see abstract, page 2 lines 20-26, page 9 lines 33-40; further in view of JPWO2006068161 see abstract and pages 1-4 Machine Translation.
With regard to claim 14, USP5009586 discloses an agglomerating apparatus and process for the continuous regranulation of thermoplastic wastes, wherein particulate thermoplastic material, chips, flakes, or fine particles, is fed to a conveying screw into an agglomeration zone having rotating pressing blades. The reference teaches thermoplastic materials generally which includes engineering thermoplastics such as polyarylene ether sulfone The material is subjected to frictional heating and pressure, causing the particles to soften and be compacted and forced through a perforated die followed by a the extrudate which is cut into granules. Thus the reference teaches a process for producing particles from fine thermoplastic material using by a agglomeration including conveying , mechanical working and the formation of particulate product. See col. 2 lines 5-20, col.3, line 14 to col. 4 line 39, and claim 1.
USP5009586 does not explicitly discloses the specific values of moisture content and how moisture present in the plastic affects the material.
EP0370242 discloses processing of plastic particles including steps of drying to remove moisture and controlling moisture content in order to obtain articles having acceptable structural integrity and physical properties. It further recognizes that moisture present in plastic particles and during processing affects consolidation bonding and final material properties and must be controlled during formation of particular products.
JPWO2006068161 discloses polyarylene ether sulfone thermoplastic material and methods of forming particular polymer materials by introducing a solution of polymer into a coagulation medium under shear conditions to form particles. See abstract. Thus the refence teaches the use of polyarylene ether sulfone thermoplastic material and formation of particulate polymer products.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the process of USP5009586 to include control of moisture content of the starting material and the ambient air conditions and to utilize polyarylene ether sulfone as the thermoplastic material as taught by EP0370242 and JPWO2006068161 in order to improve agglomeration efficiency , ensure consistent particle formation and to utilize known thermoplastics suitable for this processing. Controlling moisture levels would have been recognized as a routine in polymer processing since moisture directly affects polymer softening, flow behavior and particle consolidation during agglomeration.
With regard to claim 15,
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to control the moisture content of the educt to not more than 1wt% as an optimization of the moisture control taught by s
With regard to claim 16, USP5009586 discloses that the thermoplastic material is subjected to frictional heating and pressure during agglomeration causing the particles to soften and consolidate into particulate products. See col. 4, lines 10-39 and claim 1. USP5009586 dos not disclose that the temperature of the area of the agglomeration step that contacts the material during agglomeration is from 200 to 240C. EP0370242 teaches controlling processing conditions that affect consolidation bonding and the resulting material properties during particle formation. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the process of USP5009586 to include control of moisture content of the starting material and the ambient air conditions as taught by EP0370242 and to utilize polyarylene ether sulfone as the thermoplastic material as taught by JPWO2006068161 in order to improve agglomeration efficiency , ensure consistent particle formation and to utilize known thermoplastics suitable for this processing. Controlling moisture levels would have been recognized as a routine in polymer processing since moisture directly affects polymer softening, flow behavior and particle consolidation during agglomeration.
With regard to claim 17, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5009586 discloses conveying the thermoplastic material to the agglomeration chamber by conveying screw. See col. 3 lines 14-24 and claim 1.
With regard to claim 18, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5009586 discloses an annular agglomeration chamber having rotating pressing blades defining plasticizing chambers corresponding to the claimed hollow cylinder with a rotating element. See col. 3 lines 14-40, Figure 2 and claim 1.
With regard to claim 19,
it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPWO2006068161 discloses polyarylene ether sulfone as a known thermoplastic for particulate polymer processing. See abstract, pages 2-5.
With regard to claim 22, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since EP0370242 discloses using the resulting particulate thermoplastic material to produce useful molded and structural articles. See page 1 lines 5-25, page 3 lines 1-8. See also the 35 USC § 112 rejection below.
With regard to claim 23, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since EP0370242 discloses forming molded articles from the processed particulate thermoplastic material. See page 1 lines 5-25 and page 9 lines 35-50.
With regard to claim 24, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since EP0370242 discloses molded articles having the desired structure and surface characteristics and thus the claimed wall thickness would be a routine optimization depending upon the article.
With regard to claim 25, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5009586 discloses agglomerating comminuted thermoplastic waste into reusable granules for other processing. See col. 1 lines 8-31 and col. 4 lines 1-39 and claim 1.
With regard to claim 26, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5009586 discloses agglomerating thermoplastic scrap into reusable particulate granules, including scrap made during processing. See col. 1 lines 8-31, col. 4 lines 10-39 and claim 1.
In conclusion, in view of the above, there appears to be no significant difference
between the reference(s) and that which is claimed by applicant(s). Any differences not
specifically mentioned appear to be conventional. Consequently, the claimed invention
cannot be deemed as unobvious and accordingly is unpatentable.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). The claimed invention which recited ‘use’ is directed to non-statutory subject matter.
Claim Rejections - 35 USC § 112
Claim 22 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Terressa Boykin/Primary Examiner, Art Unit 1765
Prosecution Insights