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Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 27 August 2026.
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) 8-15, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoedl (U.S. Patent 5,075,057). Regarding Claims 8 and 19, Hoedl shows a method for manufacturing a plastic product (Abstract), the method comprising forming a mixture by mixing shredded plastic particles with an uncured matrix, the uncured matrix comprising an uncured resin (Column 3, lines 52-65; Column 4, lines 14-15; Column 5, lines 8-10, 41-51); pouring the mixture into a mold (Column 6, lines 24-33); and curing the uncured matrix within the mixture at a temperature (Column 6, lines 24-60), wherein curing the uncured matrix within the mixture forms a cured matrix that comprises a cured resin (Column 5, lines 8-14; Column 6, lines 54-58). Hoedl generally describes the application of heat during the curing process (Column 3, lines 36-38), but he does not disclose the specifically-claimed temperature. It would have been obvious to one of ordinary skill in the art to carry out Hoedl’s curing at any appropriate temperature, such as that which is claimed, because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05 (II)(A)).
Regarding Claim 9, Hoedl shows the method of claim 8 above, including one wherein each of the shredded plastic particles defines a size of less than 0.5 mm (Column 4, lines 14-17).
Regarding Claim 10, Hoedl shows the method of claim 8 above, including one wherein at least some of the shredded plastic particles defines a size of greater than 0.3 mm (Column 4, lines 14-17).
Regarding Claim 11, Hoedl shows the method of claim 8 above, including one wherein a ratio between a volume of shredded plastic particles within the mixture and a volume of the uncured matrix within the mixture is at least 1:1 (Column 5, lines 41-64 (85:15 ratio).
Regarding Claim 12, Hoedl shows the method of claim 8 above, including one wherein the shredded plastic particles comprise primarily of polyethylene terephthalate (PET) (Column 52-60).
Regarding Claim 13, Hoedl shows the method of claim 12 above, including one wherein at least ten percent of the shredded plastic particles comprise primarily of PET and the other shredded plastic particles comprise primarily of a type of plastic other than PET (Column 3, lines 52-65).
Regarding Claim 14, Hoedl shows the method of claim 8 above, including one wherein curing the uncured matrix within the mixture comprises curing the uncured matrix within the mixture while the mixture is positioned within the mold (Column 5, lines 8-14; Column 6, lines 24-36: fused).
Regarding Claim 15, Hoedl shows the method of claim 8 above, including that it is known for the mixture to be injected into the mold (Column 1, lines 38-55).
Regarding Claim 17, Hoedl shows the method of claim 8 above, including one further comprising shredding a plurality of plastic objects to form the shredded plastic particles (Column 3, lines 52-65).
Regarding Claim 18, Hoedl shows the method of claim 17 above, including one wherein at least some of the plurality of plastic objects are plastic consumer waste material that includes debris on a surface thereof, and wherein the debris is mixed with the uncured matrix (Column 3, lines 52-68; Column 4, lines 1-13).
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoedl, in view of Schneider (EP 1563027). Hoedl shows the process of claim 8, but he does not specifically describe that the plastic particles remain distinct in the cured matrix. Schneider shows that it is known to have a molded article wherein plastic particles remain unmelted/distinct within a plastic matrix (Figure 7, elements 302, 304). It would have been obvious to one of ordinary skill in the art for Hoedl’s particles to remain distinct, as taught by Schneider, in order to contribute to the structural integrity of the molded article (Schneider, 0020).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
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