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 .
Response to Amendment
Applicant’s amendment to the claims filed March 2, 2026 has been entered. Claims 1 and 8 are currently amended. Claims 12-16 remain withdrawn from further consideration. Claims 1-11 are under examination.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (US 4,208,252) in view of any one of Humphreys et al. (US 2020/0071619), Kim et al. (US 2013/0285271), Horizoe et al. (US 6,011,187) or Keizo et al. (JP 2000290424).
Regarding claim 1, Yoshida et al. teach a method for processing plastics material (Abstract; col. 1, lines 10-13; col. 1, line 60-col. 2, line 12; rubber and plastic wastes) comprising the following steps: supplying the plastics material into a screw-conveyor machine/extruder (Abstract; Figures 1-3 (1); col. 3, lines 14-24; col. 23, lines 5-20); supplying an additive for converting organic chlorides into inorganic chlorides into the screw-conveyor machine/extruder (col. 8, line 42-col. 9, line 34; col. 23, lines 5-20; metal hydroxides, such as calcium hydroxide or magnesium hydroxide, or carbonates, such as calcium carbonate, are added as the “white inorganic filler”; as set forth in paragraph [0012] of the published application and claim 2 below, these materials read upon the claimed and disclosed additive); plasticizing the supplied plastics material with the screw-conveyor machine/extruder to form a plastics melt (col. 2, lines 2-4; col. 2, lines 22-26; col. 3, lines 28-34); and mixing the plastics melt with the supplied additive with the screw-conveyor machine to form a mixture (col. 2, lines 2-4; col. 2, lines 22-26; col. 3, lines 28-34), wherein at least some of the organic chlorides contained in the plastics melt are converted into inorganic chlorides by the additive (col. 8, line 42-col. 9, line 34; col. 23, lines 5-20 and 24-29; the additive is utilized when processing polyvinyl chloride (PVC) as the plastic waste material and the additive reacts with HCl generated from the PVC to form metal halides such as calcium chloride or magnesium chloride. This directly corresponds with how the additive functions in the instant application). It is noted that the last wherein clause of the claim makes it sufficiently clear that the plastic melt necessarily contains organic chlorides and that the additive converts at least some of the organic chlorides into inorganic chlorides. The scope of the claim has been interpreted in this manner.
Yoshida et al. do not explicitly teach the additive and the plastics material are supplied to the screw-conveyor machine/extruder separately from one another.
However, each of Humphreys et al. (claims 2, 4, 5 and 7; paragraphs [0019], [0024], [0147], [0148] – adding the base/additive to the melt stream in the context of claims 5 and 7 suggests adding it to the melted material in the extruder or downstream of the extruder), Kim et al. (paragraphs [0036] and [0039] taken with [0069], [0070] and [0087] suggests the materials may be added separately), Horizoe et al. (Figure 8 (7) (7’) (10) (11); col. 3, line 65-col. 4, line 23; col. 5, lines 1-50; col. 6, lines 10-63; col. 16, line 17-col. 17, line 5; adding the additive/sand/zeolite/mordenite downstream of the plastic feed) or Keizo et al. (paragraphs [0025], [0026], [0033] and [0034] and Figure 3 (1) (2) (4) teach providing the additives downstream of the plastic feed; also see paragraphs [0003], [0009]-[0012], [0020] and [0028] for context).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Yoshida et al. and any one of the secondary references and to have supplied the additive and the plastics material separately into the screw-conveyor machine/extruder of Yoshida et al., as suggested by any one of the secondary references, for the purpose, as suggested by the references, of adding the materials to the extruder in art recognized suitable and equivalent alternative manners and/or, for the purpose, as suggested by the references, of further facilitating the effective dehalogenation/chloride conversion and/or pyrolysis of the plastics materials.
As to claim 2, Yoshida et al. teach the additive comprises a metal hydroxide or a carbonate as claimed and disclosed (col. 8, line 42-col. 9, line 34; col. 23, lines 5-20; metal hydroxides, such as calcium hydroxide or magnesium hydroxide, or carbonates, such as calcium carbonate, are added as the “white inorganic filler”).
As to claims 3-5, the additive of Yoshida et al. is utilized when processing polyvinyl chloride (PVC) as the plastic waste material and the additive reacts with HCl generated from the PVC to form metal halides such as calcium chloride or magnesium chloride. This directly corresponds with how the additive functions in the instant application. The same claimed and disclosed process steps are performed with the same claimed and disclosed materials (col. 8, line 42-col. 9, line 34; col. 23, lines 5-20 and 24-29). It follows from a technical and rational basis that the same claimed effects and physical properties are realized.
As to claim 6, Yoshida et al. teach the plastic melt has a temperature within the claimed range (col. 23, lines 11-17 at 150-250°C).
As to claims 7 and 8, Yoshida et al. tach the raw materials, including the additive, are supplied to the screw-conveyor machine through something that is necessarily understood to be an opening (col. 3, lines 14-26; col. 23, lines 5-20; Figures 1-3 (1) show a feed hopper on the extruder). As set forth in the combination above, the secondary references teach providing the additive at the location(s) as claimed. The reasons to combine the references are the same as that set forth above.
As to claim 10, Yoshida et al. teach the material is discharged as a melt and supplied to a pyrolysis reactor (col. 1, lines 60-col. 2, line 12; col. 2, lines 23-51; col. 3, lines 28-67).
As to claim 11, Yoshida et al. teach the screw-conveyor machine/extruder is a multi-shaft screw conveyor machine/extruder (col. 3, lines 14-20; Examples 4, 9 and 11).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (US 4,208,252) in view of any one of Humphreys et al. (US 2020/0071619), Kim et al. (US 2013/0285271), Horizoe et al. (US 6,011,187) or Keizo et al. (JP 2000290424), as applied to claims 1-8, 10 and 11 above, and further in view of Javeed et al. (US 2019/0270939).
As to claim 9, Yoshida et al. teach the method set forth above. Yoshida et al. do not teach a degassing of the plastics melt or mixture takes place in the screw-conveyor machine/extruder by at least one degassing device arranged on the screw-conveyor machine/extruder. However, Javeed et al. teach an analogous method wherein a degassing of the plastics melt or mixture takes place in the screw-conveyor machine/extruder by at least one degassing device arranged on the screw-conveyor machine/extruder (Figures 1A, 1B, 1C and 2 (10) (12) (13); paragraphs [0012]-[0026], [0029]-[0031], [0033], [0034]).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Yoshida et al. and Javeed et al. and to have degassed the plastics melt or mixture in the screw-conveyor machine/extruder by at least one degassing device arranged on the screw-conveyor machine/extruder of Yoshida et al., as suggested by Javeed et al., for the purpose, as suggested by Javeed et al., of facilitating the removal of volatiles from the material in the extruder.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tadauchi et al. (US 6,172,275) in view of any one of Humphreys et al. (US 2020/0071619), Kim et al. (US 2013/0285271), Horizoe et al. (US 6,011,187) or Keizo et al. (JP 2000290424).
Regarding claim 1, Tadauchi et al. teach a method for processing plastics material (Abstract; col. 1, lines 16-20; col. 2, lines 38-54) comprising the following steps: supplying the plastics material into a screw-conveyor machine/extruder (Figure 3 (A) (12); col. 3, lines 8-15 – chlorine containing plastic materials, such as polyvinyl chloride (PVC), are utilized; col. 15, line 35-col. 16, line 9; col. 17, lines 3-14 and 40-44); supplying an additive for converting organic chlorides into inorganic chlorides into the screw-conveyor machine/extruder (Figure 3 (B); col. 12, lines 40-61; col. 13, lines 28-60; col. 15, line 34-col. 16, line 9; col. 17, lines 3-14 and 40-44; alkaline material, such as sodium hydroxide, or metal oxide compounds; as set forth in paragraph [0012] of the published application and claim 2 below, these materials read upon the claimed and disclosed additive); plasticizing the supplied plastics material with the screw-conveyor machine to form a plastics melt (col. 15, lines 44-67; col. 17, lines 14-18 and 44-64); and mixing the plastics melt with the supplied additive with the screw-conveyor machine to form a mixture (col. 15, lines 44-67; col. 17, lines 14-18 and 44-64), wherein at least some of the organic chlorides contained in the plastics melt are converted into inorganic chlorides by the additive (col. 2, lines 5-20; col. 12, lines 40-61; col. 13, lines 28-60; col. 14, lines 32-47; col. 16, lines 5-9; the additive is utilized when processing, polyvinyl chloride (PVC), for example, as the plastic waste material and the additive reacts with HCl generated from the PVC to form metal salt such as sodium chloride. This corresponds with how the additive functions in the instant application). It is noted that the last wherein clause of the claim makes it sufficiently clear that the plastic melt necessarily contains organic chlorides and that the additive converts at least some of the organic chlorides into inorganic chlorides. The scope of the claim has been interpreted in this manner.
Tadauchi et al. do not explicitly teach the additive and the plastics material are supplied to the screw-conveyor machine/extruder separately from one another.
However, each of Humphreys et al. (claims 2, 4, 5 and 7; paragraphs [0019], [0024], [0147], [0148] – adding the base/additive to the melt stream in the context of claims 5 and 7 suggests adding it to the melted material in the extruder or downstream of the extruder), Kim et al. (paragraphs [0036] and [0039] taken with [0069], [0070] and [0087] suggests the materials may be added separately), Horizoe et al. (Figure 8 (7) (7’) (10) (11); col. 3, line 65-col. 4, line 23; col. 5, lines 1-50; col. 6, lines 10-63; col. 16, line 17-col. 17, line 5; adding the additive/sand/zeolite/mordenite downstream of the plastic feed) or Keizo et al. (paragraphs [0025], [0026], [0033] and [0034] and Figure 3 (1) (2) (4) teach providing the additives downstream of the plastic feed; also see paragraphs [0003], [0009]-[0012], [0020] and [0028] for context).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Tadauchi et al. and any one of the secondary references and to have supplied the additive and the plastics material separately into the screw-conveyor machine/extruder of Tadauchi et al., as suggested by any one of the secondary references, for the purpose, as suggested by the references, of adding the materials to the extruder in art recognized suitable and equivalent alternative manners and/or, for the purpose, as suggested by the references, of further facilitating the effective dehalogenation/chloride conversion and/or pyrolysis of the plastics materials.
As to claim 2, Tadauchi et al. teach the additive is a metal hydroxide or metal oxide (col. 12, lines 40-61; col. 13, lines 28-60).
As to claims 3-5, Tadauchi et al. teach the alkaline material, such as sodium hydroxide, or metal oxide compounds, act as a catalyst and reactant as claimed and disclosed (col. 12, lines 40-61; col. 13, lines 28-60; col. 14, lines 32-47).
As to claim 6, Tadauchi et al. heat to a temperature as claimed (col. 15, lines 54-col. 16, line 9; 100-300°C; preferably 150-250°C).
As to claims 7 and 8, Tadauchi et al. provide the additive to the screw-conveyor machine/extruder via a supply opening (Figure 3 (B) (15); col. 17, lines 8-14). As set forth in the combination above, the secondary references teach providing the additive at the location(s) as claimed. The reasons to combine the references are the same as that set forth above.
As to claim 9, Tadauchi et al. teach a degassing of the plastics melt or mixture by at least one degassing device arranged on the screw-conveyor machine/extruder (col. 34, lines 65-col. 35, line 2; col. 35, line 55-col. 36, line 7; Figure 18 (108)). This vent is added for removal of the decomposed products of the plasticizer and/or hydrogen chloride.
As to claim 10, Tadauchi et al. teach the plastics melt or mixture are discharged as a melt or supplied to pyrolysis reactor (col 15, lines 43-60).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tadauchi et al. (US 6,172,275) in view of any one of Humphreys et al. (US 2020/0071619), Kim et al. (US 2013/0285271), Horizoe et al. (US 6,011,187) or Keizo et al. (JP 2000290424), as applied to claims 1-10 above, and further in view of Price et al. (US 5,821,395).
As to claim 11, Tadauchi et al. teach that ordinary kneaders and extruders with a screw and the like are applicable (col. 16, lines 9-17; col. 17, lines 8-52; Figure 3 (18)), but do not teach the extruder is a multi-shaft screw-conveyor machine/extruder. However, Price et al. teach an analogous method wherein the extruder is a twin-screw extruder (col. 3, line 52-col. 4, line 19; col. 11, lines 1-15).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Tadauchi et al. and Price et al. and to have utilized a twin-screw extruder (i.e. a multi-shaft screw-conveyor machine) in the method of Tadauchi et al., as suggested by Price et al., for the purpose, as suggested by Price et al. of effectively facilitating the processing of mixture of waste materials to reduce chlorine content with an art recognized suitable extruder.
Response to Arguments
Applicant’s arguments filed March 2, 2026 have been fully considered. The amendment to claim 8 has overcome the previous objection. As such, the objection has been withdrawn. Applicant’s other arguments have been fully considered, but are moot in view of the new grounds of rejection necessitated by the amendment to the claims. The newly applied secondary references disclose analogous methods wherein analogous additives are disclosed as being added to analogous screw-conveyor machines/extruders separately from the plastics materials. It is submitted the claims would need to be further amended to overcome the prima facie case of obviousness.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeff Wollschlager whose telephone number is (571)272-8937. The examiner can normally be reached M-F 7:00-3:30.
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/JEFFREY M WOLLSCHLAGER/Primary Examiner, Art Unit 1742