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 .
Election/Restrictions
Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/9/26.
Applicant’s election without traverse of claims 1-6 in the reply filed on 7/9/26 is acknowledged.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Ibrahim et al. "Poly(Lactic Acid) (PLA)-reinforced Kenaf Bast Fiber Composites: The
Effect of Triacetin" Journal of Reinforced Plastics and Composites, 2010, vol.29, no. 7, pages 1099-1111 (cited by applicant).
The limitations, “extrusion-blow-molded” and “compression molded” are method limitations in a product claim and have been given little to no patentable weight since the method by which a product is made is not germane to the patentability of a product in a product claim (MPEP 2113) (applies to claim 2).
The limitations of claim 4, in their entirety, are method limitations which have been given little to not patentable weight since the method by which a product is made is not germane to the patentability of a product in a product claim (MPEP 2113).
Ibrahim discloses a bottle comprising a polymeric compound comprising a polyhydroxyalkanoate resin and hard wood cellulose fibers having a length of 15-150 microns and a density of at least 1.0 g/cm3 and said fibers being present in an amount of more than 50 wt.% of the total compound weight (see pages 1100-1101 and REFERENCES).
Ibrahim discloses wherein said polyhydroxyalcanoate resin is selected from the group consisting of: poly3-hydroxybutyrate-co-3-hydroxyhexanoate (PHBH), poly-3-hydroxybutyrate-co-3- hydroxyvalerate (PHBV), poly-3-hydroxybutyrate (PHB), poly-3-hydroxyvalerate (PHV), or poly-3-hydroxyhexanoate (PHHx), and derivatives or combinations thereof and wherein the hardwood fibers are sourced from a tree selected from group consisting of ash (Genus Fraximus), beech (Genus Fagus), basswood (Genus Tilia), birch (Genus Betula), black cherry (Genus Prunus), black walnut / butternut (Genus Juglans), cottonwood (Genus Populus), elm (Genus Ulmus), hackberry (Genus Celtis), hickory (Genus Carya), holly (Genus IIex), locust (Genus Robinia; Genus Gleditsia), magnolia (Genus Magnolia), maple (Genus Acer), oak (Genus Quercus), poplar (Genus Populus), red alder (Genus Alnus), royal paulownia (Genus Paulownia), sassafras (Genus Sassafras), sweetgum (Genus Liquidambar), sycamore (Genus Platamus), tupelo (Genus Nyssa), willow (Genus Salix), yellow-poplar (Genus Liriodendron), eucalyptus, or combinations thereof (see pages 1100-1101 and REFERENCES).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ibrahim et al. "Poly(Lactic Acid) (PLA)-reinforced Kenaf Bast Fiber Composites: The Effect of Triacetin" Journal of Reinforced Plastics and Composites, 2010, vol.29, no. 7, pages 1099-1111 (cited by applicant) in view of Rallis et al. (US 2018/0208760).
Ibrahim does not disclose a hollow container which is capsule for containing a beverage precursor ingredient for the preparation of a beverage in a beverage preparation machine.
Rallis discloses a hollow container which is capsule for containing a beverage precursor ingredient for the preparation of a beverage in a beverage preparation machine comprising PHA and cellulose fibers (paragraphs [0054], [0075], [0108]) for the purpose of providing biodegradability in industrial composting (paragraph [0001]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided a hollow container which is capsule for containing a beverage precursor ingredient for the preparation of a beverage in a beverage preparation machine comprising PHA and cellulose fibers in Ibrahim in order to provide biodegradability in industrial composting as taught or suggested by Rallis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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, Aaron Austin can be reached at 571-272-8935. 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.
/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
July 29, 2026
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