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Claims 9-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/4/26.
Applicant’s election without traverse of claims 1-8 and 23 in the reply filed on 2/4/26 is acknowledged.
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.
Claim 5 is 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 5 is replete with relative terms of degree such as “enhanced,” “restricted,” “increased,” “reduced,” “effectively eliminate,” “superior,” and “maintains” which renders the claim indefinite. The terms are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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) 1-2, 5, 8 and 23 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Bowden et al. (US 2003/0216492).
Bowden discloses a tubular article comprising a biodegradable and compostable substrate, which is coated with, impregnated with, or both coated and impregnated with, a biodegradable and compostable zein or mixtures of zein (paragraphs [0001-0002], [0032], [0041-0043], [0065-0066], [0080-0092], [0132-0133], [0145-0146], [0155-0156], [0161-0162], [0173-0178], [0191-0195]).
Bowden discloses wherein the zein includes a (alpha), ß (beta), or both α
(alpha) and ß (beta) zein classes (since alpha is the major fraction in zein), wherein the article has at least one of following characteristics: enhanced mechanical properties; enhanced wet strength properties; restricted starch migration; increased salinity resistance; free of adhesive, starch, gluten and reduced and/or effectively eliminated PFAS compounds; improved performance, durability, and superior mechanical resilience; maintains firmness over time; or exhibits enhanced resistance to saltwater exposure, wherein the article is a biodegradable and compostable zein coated article selected from a straw or tubular device having: a. controlled release properties from actives contained in the zein coating or within the tube space, optionally encapsulated; b. coated spherical particles present in the interior of the tube; c. coated disposable food-service items selected from tablecloths, napkins, or plates; d. straws that are delivery devices for nicotine, caffeine or cannabinoids; e. tubes as pest control tubes filled with actives or spheres coated with actives for targeted eradication; f. tubes having spheres in their interior designed for controlled delivery of fertilizers in home gardening and agricultural applications; g. tubes to deliver oral care products, toothpicks, or floss; h. tubes as packaging materials for consumer use; or i. tubes for industrial container and package applications (paragraphs [0001-0002], [0032], [0041-0043], [0065-0066], [0080-0092], [0132-0133], [0145-0146], [0155-0156], [0161-0162], [0173-0178], [0191-0195]).
Bowden discloses comprising the articles' use as: a. Disposable food-service items, including paper straws, coffee stirrers, cups, plates, forks, knives, chopsticks, tablecloths, napkins, food picks, and food containers for fries, nuggets, and burgers; b. Smoke-free tobacco and nicotine delivery paper straws; c. Delivery paper straws for caffeine and cannabinoids; d. Pest control devices for targeted eradication; e. PFAS reduction tubular device; f. Tubes designed for controlled delivery of fertilizers in home gardening and agricultural applications; g. Oral care products; and h. Packaging materials for both consumer and industrial purposes (paragraphs [0001-0002], [0032], [0041-0043], [0065-0066], [0080-0092], [0132-0133], [0145-0146], [0155-0156], [0161-0162], [0173-0178], [0191-0195]).
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) 3-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowden et al. (US 2003/0216492) in view of Hodson (US 7,172,814).
Bowden discloses wherein the substrate is paper, Hanji paper, Washi
paper, Xuan paper, Kozo paper, or papers obtained from natural biomaterials, wherein the article formed from the substrate is a biodegradable and compostable zein coated paper straw (paragraphs [0001-0002], [0032], [0041-0043], [0065-0066], [0080-0092], [0132-0133], [0145-0146], [0155-0156], [0161-0162], [0173-0178], [0191-0195]).
Bowden does not disclose wherein the paper has a weight range of approximately 0.1-2000 gsm (gram per square meter) and wherein as additional components in the zein component are plasticizers, inorganic colloidal particles, active agents, inorganic colloidal particles, spherical particles, carrier particles, food colorant, flavor agent, or combinations thereof.
Hodson discloses wherein the paper has a weight range of approximately 0.1-2000 gsm (gram per square meter) and wherein as additional components in the zein component are plasticizers, inorganic colloidal particles, active agents, inorganic colloidal particles, spherical particles, carrier particles, food colorant, flavor agent, or combinations thereof in a paper article (straw) coated with zein for the purpose of providing biodegradable liquid resistance, thermal stability and/or stiffness (column 1, line 8 through column 2, line 3, column 5, lines 53-67, column 8, lines 34-44, column 16, lines 35-67, column 17, lines 35-67, column 20, line 45 through column 21, line 27, column 21, line 59 through column 22, line 22).
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 wherein the paper has a weight range of approximately 0.1-2000 gsm (gram per square meter) and wherein as additional components in the zein component are plasticizers, inorganic colloidal particles, active agents, inorganic colloidal particles, spherical particles, carrier particles, food colorant, flavor agent, or combinations thereof in Bowden in order to provide biodegradable liquid resistance, thermal stability and/or stiffness as taught or suggested by Hodson.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowden et al. (US 2003/0216492) in view of Hodson (US 7,172,814) and Weiss et al. (US 2006/0286214).
Bowden does not disclose wherein the zein coated article has the following
weight percentages of components based on the total article weight: (i) 0.01-99 wt.% of a biodegradable and compostable mixture of zein; (ii) 0.01- 10 wt.% of water; (iii) 0.00-15 wt.% of a plasticizer; (iv) 0.00-5 wt.% of inorganic colloidal particles; (v) 0.00-80 wt.% of an active agent; (vi) 0.00-95 wt.% of spherical particles, optionally encapsulated; and (vii) 0.01-5 wt.% of natural fibers; and wherein the sum of the percentages of (i) to (vii) equals 100 percent.
Weiss discloses i) 0.01-99 wt.% of a biodegradable and compostable mixture of zein; (ii) 0.01- 10 wt.% of water and wherein the sum of the percentages equals 100 percent in a zein coated straw for the purpose of providing a conventional drinking straw capable of functioning as a nutritional food product imparting essential nutrients while simultaneously functioning as a conventional straw and/or a straw that can be alternatively molded into a variety of utensils for consuming food that themselves can be consumed, which thus pose no threat of pollution and the like and/or straws to be resilient enough for a reasonable period of time such that drawing liquid therethrough in accordance with its intended use will not cause it to disintegrate (paragraphs [0004], [0009-0011], [0037-0038] and Table 2).
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 i) 0.01-99 wt.% of a biodegradable and compostable mixture of zein; (ii) 0.01- 10 wt.% of water and wherein the sum of the percentages equals 100 percent in Bowden in order to provide a conventional drinking straw capable of functioning as a nutritional food product imparting essential nutrients while simultaneously functioning as a conventional straw and/or a straw that can be alternatively molded into a variety of utensils for consuming food that themselves can be consumed, which thus pose no threat of pollution and the like and/or straws to be resilient enough for a reasonable period of time such that drawing liquid therethrough in accordance with its intended use will not cause it to disintegrate as taught or suggested by Weiss.
Hodson discloses 0.01-5 wt.% of natural fibers in a zein coating for a straw for providing biodegradable liquid resistance, thermal stability and/or stiffness (column 1, line 8 through column 2, line 3, column 5, lines 53-67, column 8, lines 34-44, column 16, lines 35-67, column 17, lines 35-67, column 20, line 45 through column 21, line 27, column 21, line 59 through column 22, line 22).
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 .01-5 wt.% of natural fibers in a zein coating in Bowden in order to provide biodegradable liquid resistance, thermal stability and/or stiffness as taught or suggested by Hodson.
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.
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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.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
February 28, 2026