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
Claims 1-5 and 7-20 are pending, claim 6 having been cancelled. Applicant's response filed December 3, 2025 is acknowledged.
Claim Rejections - 35 USC § 112
The rejection of claims 15, 16 and 19 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, are withdrawn based on Applicant’s amendments to the claims.
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 1-5 and 7-20 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 recites “deinked pieces of plastic film comprising a first base material and deinked pieces of plastic film comprising a second base material” (emphasis added) in lines 6-8. It is unclear whether the first base material and the second base material is referring to the first base material and the second base material recited earlier in the claim (see lines 4-5), or to different first and second base materials. Appropriate correction is required.
Claims 2-5 and 7-20 are rejected for depending on rejected claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5, 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2001-350411A to Morimatsu et al. (see machine translation) in view of U.S. Patent App. Pub. No. 2018/0258373 to Bokka et al.
As to claim 1, Morimatsu discloses a method of recycling plastic film, the method comprising: exposing pieces of plastic film to an aqueous deinking solution comprising a surfactant and a base to produce pieces of deinked plastic film (see Morimatsu paragraphs [0010]-[0011], [0033]); recovering the pieces of deinked plastic film from the deinking solution (see Morimatsu paragraph [0038]); and sorting the deinked plastic film into a plurality of product classes (see Morimatsu paragraph [0038]). Morimatsu further discloses that the plastic film can be made from various polyester films, including films with two or more layers (read as the pieces of plastic film can comprise inked pieces of plastic film comprising a first base material and inked pieces of plastic film comprising a second based material, and wherein the pieces of deinked plastic film comprise deinked pieces of plastic film comprising the first base material and deinked pieces of plastic film comprising the second base material) (see Morimatsu paragraph [0012]).
Morimatsu further discloses separating and recovering different polymers (see Morimatsu paragraph [0038]). To the extent it could be argued that Morimatsu does not disclose the separation and recovery of different base materials of the plastic film, Bokka discloses a similar method of recovering and recycling plastic material wherein after a coating such as ink is removed from the plastic, the plastic substrate is separated by base material (see Bokka paragraphs [0042]-[0045] and [0057]-[0060]). It would have been obvious to one of ordinary skill in the art at the time of filing to separate and recover the different polymers as disclosed by Morimatsu and Bokka in order to optimize the recycling process.
As to claim 2, while the combination of Morimatsu and Bokka does not explicitly disclose the size of the plastic film, Morimatsu discloses that the size of the film can be set appropriately within a range that does not impair treatment efficiency and that it may be the same size as when attached to the adherend (see Morimatsu paragraph [0028]). It would have been obvious to one of ordinary skill in the art at the time of filing to select the size within the claimed range (see MPEP 2144.04(IV)(A) where changes in size/proportion are prima facie obvious).
As to claim 3, the combination of Morimatsu and Bokka discloses that step a) can comprise immersing the pieces of plastic film in a volume of the aqueous deinking solution to form a mixture of aqueous deinking solution and pieces of plastic film (see Morimatsu paragraphs [0031]-[0033], [0037]).
As to claim 5, the combination of Morimatsu and Bokka discloses that step a) can be performed within a short period of time, including within 20 minutes, which would include 10 minutes or less since 20 minutes is the upper limit of the disclosed treatment time (see Morimatsu paragraphs [0035]-[0036]; see MPEP 2144.05(I) where in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie vase of obviousness exists).
As to claim 10, the combination of Morimatsu and Bokka discloses that the surfactant can be present in the deinking solution in an amount from about 0.01-5% by weight, and preferably about 0.1-1.0% by weight (see Morimatsu paragraph [0034]).
As to claims 11-13, the combination of Morimatsu and Bokka discloses that the base can be NaOH and present in the deinking solution in an amount from 0.1-10% by weight (see Morimatsu paragraphs [0031]-[0032]).
As to claims 14-16, the combination of Morimatsu and Bokka discloses that the surfactant can be a combination of surfactants that include sodium dodecyl sulfate (read as sodium lauryl sulfate) at 0.01-5% by weight (see Morimatsu paragraph [0034]).
As to claim 17, the combination of Morimatsu and Bokka discloses that the plastic film can be PP or PE (see Morimatsu paragraph [0012]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2001-350411A to Morimatsu et al. (see machine translation) in view of U.S. Patent App. Pub. No. 2018/0258373 to Bokka et al. as applied to claim 3 above, and further in view of U.S. Patent No. 9,616,595 to Fullana Font et al. (“Fullana”).
Morimatsu and Bokka are relied upon as discussed above with respect to the rejection of claim 3.
As to claim 4, the combination of Morimatsu and Bokka does not explicitly disclose mechanically agitating the mixture of deinking solution and pieces of plastic film to produce the pieces of deinked plastic film. Fullana discloses a similar method of recycling plastic film wherein the cleaning solution and plastic film are agitated during the deinking step (see Fullana col. 4, lines 31-63). It would have been obvious to one of ordinary skill in the art to mechanically agitate the deinking solution and pieces of plastic film as disclosed by Fullana in order to improve the deinking efficiency.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2001-350411A to Morimatsu et al. (see machine translation) in view of U.S. Patent App. Pub. No. 2018/0258373 to Bokka et al. as applied to claim 1 above, and further in view of U.S. Patent No. 6,845,869 to Graf von Deym et al. (“Graf”).
Morimatsu and Bokka are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 7, the combination of Morimatsu and Bokka does not explicitly disclose that the sorting of deinked plastic film comprises sorting the deinked plastic film according to the level of deinking that has occurred in step a. Graf discloses a similar plastics recycling method wherein the plastics are sorted according to color (see Graf col. 11, line 11 – col. 12, line 3). It would have been obvious to one of ordinary skill in the art at the time of filing to separate the treated plastics according to color, which inherently also would sort by the level of deinking since the more ink that is removed, the more of the plastic color would be shown, as disclosed by Graf.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2020-350411A to Morimatsu et al. (see machine translation) in view of U.S. Patent App. Pub. No. 2018/0258373 to Bokka et al. as applied to claim 1 above, and further in view of JP2020-094324A to Tanaka et al. (see machine translation).
Morimatsu and Bokka are relied upon as discussed above with respect to the rejection of claim 1.
As to claims 8 and 9, the combination of Morimatsu and Bokka does not explicitly disclose that the surfactant in the deinking solution is a trialkyl hydroxyalkyl ammonium salt according to formula (II). Tanaka discloses the use of a trialkyl hydroxyalkyl ammonium surfactant to remove ink from cellulose fibers, which are considered a plastic substrate (see Tanaka claim 1, paragraph [0069], Examples 1, 2, 4, 5, 12-17, 19, 31, 41-44 and 50; compounds E1, E2, E4 and E5, tables 1, 4). It would have been obvious to one of ordinary skill in the art at the time of filing to include a trialkyl hydroxyalkyl ammonium surfactant as disclosed by Tanaka since said surfactant is a known deinking surfactant.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2020-350411A to Morimatsu et al. (see machine translation) in view of U.S. Patent App. Pub. No. 2018/0258373 to Bokka et al. as applied to claim 1 above, and further in view of U.S. Patent No. 5,540,244 to Brooks et al.
Morimatsu and Bokka are relied upon as discussed above with respect to the rejection of claim 1.
As to claims 18-20, the combination of Morimatsu and Bokka discloses that the deinked plastic film is recovered and reused by pelletizing, etc. (see Morimatsu paragraph [0038]). While the combination of Morimatsu and Bokka does not explicitly disclose that the recovered plastic is extruded, it is understood in the art that to pelletize the recovered plastic film, the plastic film pieces would be melted and extruded to form said pellets. Furthermore, Brooks discloses a similar recycling method wherein the recovered plastic is melt-extruded through a die to form plastic pellets (see Brooks col. 8, lines 14-36). It would have been obvious to one of ordinary skill in the art at the time of filing to use melt extrusion to form the pellets as is known in the art.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument since Bokka is relied upon for the newly added claim recitations as discussed above.
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.
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/DOUGLAS LEE/Primary Examiner, Art Unit 1714