DETAILED ACTION
The communication dated 8/3/2026 has been entered and fully considered. Claims 1-13 are pending.
Response to Arguments
Applicant argues that inorganic fiber are integral to the inventive material of prior art, IKENAGA, and the modification of using only organic plant material would not be obvious to one skilled in the art.
Applicant’s arguments with respect to claim(s) 1 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.
Prior art IKENAGA and APPEL teach the same method of blank production of temperature, pressure, fiber size and distribution. Further APPEL teaches a similar process where fiber are prepared into a slurry [0152], and the slurry is molded into an article with plant fiber (organic fiber) [abstract]. APPEL also teaches the plant fiber is sourced from the stem of the plant [0154]. APPEL also teaches the container has improved mechanical stability, stack-ability, and compression while being environmentally friendly [0016]. It would be obvious to one skilled in the art to substitute the fiber composition of APPEL into the composition of IKENAGA given the similar production methods and final product. One would be motivated to modify the composition of IKENAG9 based on the improved mechanical strength, and compositional stability from the composition as taught by APPEL.
Claim Objections
Claim 1 is objected to because of the following informality: the recitation “said fibers are the only fibers is the molded pulp article” is grammatically incorrect. Appropriate correction is required.
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 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over IKENAGA (US 20150361619 A1) in view of APPEL (US 20200262599 A1).
For claim 8, IKENAGA teaches method to produce a pulp pressed into a molded article [abstract and 0048]. This teaches the limitation of “A method for producing a molded pulp article”. The fiber are prepared into a slurry [abstract]. The molded article uses organic fiber and inorganic fiber [abstract]. The organic fiber has an average length of 0.8 mm or longer and 1.5 mm or shorter [0049]. The organic fiber is present in the composition at 40 parts by mass or less with respect to the 100 parts by mass of the structure (equivalent to 40% or less) [0050]. These ranges overlap the range of the instant claim “the method comprising the steps of: preparing a slurry that contains pulp and water in which a percentage of fibers having a fiber length of 1 mm or less in pulp is in the range of 35% to 50%”. See 2144.05(I). IKENAGA also teaches the fiber slurry is laminated to produce a structure (multidimensional structure) then it is dehydrated [0127]. The intermediate is then deposited onto the cavity of a mold [0128] and heated at 180°C or higher [0131] until dried. This range overlaps the instant claim range. This teaches the limitation of “depositing the pulp on a paper-making mold having a three-dimensional shape to form a pulp layer; dehydrating the pulp layer to obtain an intermediate molded article; and holding the undried intermediate molded article between male and female molds, and heating the intermediate molded article to a temperature in the range of 150°C to 220°C”. IKENAGA further teaches the internal pressure of the mold is maintained at 2 MPa or lower [0130]. This range overlaps the range of the instant claim of “while applying pressure in the range of 0.4 MPa to 4.5 MPa”.
IKENAGA does not teach an embodiment with only organic fiber. APPEL teaches method to produce a pulp pressed into a molded article using a blank [abstract and 0061] similar to IKENAGA. Further APPEL teaches a similar process where fiber are prepared into a slurry [0152], and the slurry is molded into an article with plant fiber (organic fiber) [abstract]. APPEL also teaches the plant fiber is sourced from the stem of the plant [0154]. APPEL teaches the plant fiber has an average length of 0.5 mm or longer to 5 mm [0154] and the container has a solids content from 50% to 99.9% [0086]. These ranges overlap the instant claim range of “comprising: a percentage of fibers having a fiber length of 1 mm or less in pulp is in the range of 35% to 50%” similar to IKENAGA. APPEL also teaches the container has improved mechanical stability, stack-ability, and compression while being environmentally friendly [0016]. It would be obvious to one skilled in the art to substitute the fiber composition of APPEL into the composition of IKENAGA given the similar production methods and final product. One would be motivated to modify the composition of IKENAGA based on the improved mechanical strength, and compositional stability from the composition as taught by APPEL.
For claim 9, IKENAGA and APPEL teach the method of claim 8, as above. IKENAGA further teaches a hollow elastic core is used as a cover body [0129]. The core is filled through a hole in the cavity [0129] with pressurized fluid. The core is pressed against the inside cavity of the mold [0129]. The negative space between the core and the cavity of the mold is eventually filled by slurry [0129]. This teaches the limitation of “wherein depositing the pulp on a paper-making mold comprises: preparing a cover body as a hollow body having an opening; fixing the paper-making mold to the opening; immersing the paper-making mold fixed to the opening in the slurry; and depressurizing a space surrounded by the cover body and the paper-making mold immersed in the slurry”.
For claim 10, IKENAGA and APPEL teach the method of claim 9, as above. IKENAGA teaches a papermaking mold is filled with slurry [0287] and the slurry is wrapped around a core [0288]. The examiner understands that the slurry laminate is layered on top of the core and the slurry laminate is layered underneath the papermaking mold. This teaches the limitation of “wherein the paper-making mold is immersed in the slurry such that the paper-making mold is positioned above the cover body”.
For claim 11, IKENAGA and APPEL teach the method of claim 8, as above. IKENAGA teaches the intermediate is then deposited onto the cavity of a mold [0128] and heated at 180°C or higher [0131] until dried. This range overlaps the instant claim range. IKENAGA further teaches the internal pressure of the mold is maintained at 0.5 MPa or lower [0130]. This range overlaps the range of the instant claim of “wherein the pressurization and heating of the undried intermediate molded article held between the male and female molds is performed under a pressure in the range of 0.4 MPa to 2.0 MPa and at a temperature in the range of 150°C to 200°C, respectively”.
For claim 12, IKENAGA and APPEL teach the method of claim 8, as above. APPEL also teaches the plant fiber is sourced from the stem of the plant [0154]. APPEL makes no mention of other fibers. This teaches the limitation of “wherein the pulp is selected from the group consisting of a wood pulp and a non-wood pulp, the non-wood pulp is a pulp is a pulp obtained a part of a plant, said part is selected from the group consisting of a bark, a stem, a leaf, and a leaf sheath and fibers of said pulp are the only fibers in the slurry”.
Claims 1-3, 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over IKENAGA (US 20150361619 A1) in view of ONO (US 20070207692 A1) and APPEL (US 20200262599 A1).
For claim 1, IKENAGA teaches a pulp pressed into a molded article [0048]. This teaches the limitation of “A molded pulp article,”. The molded article uses organic fiber and inorganic fiber [abstract]. The organic fiber has an average length of 0.8 mm or longer and 1.5 mm or shorter [0049]. The organic fiber is present in the composition at 40 parts by mass or less with respect to the 100 parts by mass of the structure (equivalent to 40% or less) [0050]. These ranges overlap the range of the instant claim “comprising: a percentage of fibers having a fiber length of 1 mm or less in pulp is in the range of 35% to 50%”. See 2144.05(I). IKENAGA also teaches the use of an inorganic fiber with an average fiber length of 1 mm or longer and 4 mm or shorter [0053]. This range encompasses the range of the instant claim of “the pulp has an average fiber length in the range of 1.2 mm to 1.5 mm”. Given the small range of IKENAGA, it would be obvious to one skilled in the arts at the time of invention to hone the fiber length used without unreasonable experimentation. See 2144.05 (I).
"[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
IKENAGA teaches an example with a density of 0.9 g/cm3 [0297]. This value is in the range of the instant claim of “the molded pulp article has a density in the range of 0.65 g/cm3 to 1.3 g/cm3”. IKENAGA does not teach the nitrogen content of the article or the pulp. ONO teaches a similar process of forming a pressed article with pulp [0058].ONO teaches the nitrogen content of the fiber improves the heat -resistance of the fiber [0073]. The cellulose used has a nitrogen content of 0.1% by weight or less (equivalent to 1000 µg/g or less) [0073]. This range overlaps the range of the instant claim of “and the molded pulp article has a nitrogen content in the range of 400 g/g to 2,000 g/g” (equivalent to 0.04%-0.2% by weight). It would be obvious to one skilled in the art to modify the nitrogen content of the pulp in IKENAGA with the nitrogen content from ONO to improve the pulp properties during formation. One would be motivated to combine the art based on the increased heat-resistance as taught by ONO to aid in heated pressing.
IKENAGA does not teach organic fiber originating from non-wood sources. APPEL teaches method to produce a pulp pressed into a molded article using a blank [abstract and 0061] similar to IKENAGA. Further APPEL teaches a similar process where fiber are prepared into a slurry [0152], and the slurry is molded into an article with plant fiber (organic fiber) [abstract]. APPEL also teaches the plant fiber is sourced from the stem of the plant [0154]. APPEL makes no mention of other fibers. This teaches the limitation of “fibers of a pulp selected from the group consisting of a wood pulp and a non- wood pulp, the non-wood pulp is a pulp is a pulp obtained a part of a plant, said part is selected from the group consisting of a bark, a stem, a leaf, and a leaf sheath” and “said fibers are the only fibers is the molded pulp article”. APPEL teaches the plant fiber has an average length of 0.5 mm or longer to 5 mm [0154] and the container has a solids content from 50% to 99.9% [0086]. These ranges overlap the instant claim range of “comprising: a percentage of fibers having a fiber length of 1 mm or less in pulp is in the range of 35% to 50%” similar to IKENAGA. APPEL also teaches the container has improved mechanical stability, stack-ability, and compression while being environmentally friendly [0016]. It would be obvious to one skilled in the art to substitute the fiber composition of APPEL into the composition of IKENAGA given the similar production methods and final product. One would be motivated to modify the composition of IKENAGA based on the improved mechanical strength, and compositional stability from the composition as taught by APPEL.
For claim 2, IKENAGA, ONO, and APPEL teach the molded pulp article of claim 1, as above. IKENAGA does not teach the thickness of the article. ONO teaches a pressed sheet product with a thickness of 500 µm or less (equivalent to 0.5 mm or less) [0086]. This range abuts the range of the instant claim of “wherein the molded pulp article has a thickness in the range of 0.5 mm to 1 mm”. See 2144.05(I).
For claim 3, IKENAGA, ONO, and APPEL teach the molded pulp article of claim 1, as above. IKENAGA teaches an example with a density of 0.8 g/cm3 [0278]. This value is in the range of the instant claim of “wherein the molded pulp article has a density in the range of 0.65 g/cm3 to 0.80 g/cm3”. ONO teaches the cellulose used has the nitrogen content of 0.1% by weight or less (equivalent to 1000 µg/g or less) [0073]. This range encompasses the range of the instant claim of “and the molded pulp article has the nitrogen content in the range of 500 g/g to 1,000 g/g” (equivalent to 0.05%-0.1% by weight).
For claim 7, IKENAGA, ONO, and APPEL teach the molded pulp article of claim 1, as above. APPEL teaches the molded article can be a container [ABSTRACT]. This teaches the limitation of “wherein the molded pulp article is a container”.
For claim 13, IKENAGA, ONO, and APPEL teach the method of claim 2, as above. IKENAGA teaches an example with a density of 0.8 g/cm3 [0278]. This value is in the range of the instant claim of “the molded pulp article has the density in the range of 0.7 g/cm3 to 0.95 g/cm3”. ONO teaches the cellulose used has the nitrogen content of 0.1% by weight or less (equivalent to 1000 µg/g or less) [0073]. This range is within the range of the instant claim of “and the molded pulp article has the nitrogen content in the range of 500 µg/g to 2,000 µg/g”.
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over IKENAGA (US 20150361619 A1), ONO (US 20070207692 A1), and APPEL (US 20200262599 A1) in view of ASAYAMA (US 20020012759 A1).
For claim 4, IKENAGA, ONO, and APPEL teach the molded pulp article of claim 1, as above. Neither IKENAGA nor ONO teach the tensile properties of the non-woven shaped product. ASAYAMA teaches a similar pressed product made of fiber slurry [abstract]. ASAYAMA teaches a similar density to IKENAGA of above 0.9 g/cm3 aids in stiffness characteristics [0089]. ASAYAMA teaches that is desirable to have a higher stiffness [0089]. ASAYAMA also teaches that the molded product should have a tensile strength of at least 2.0 kN/m [abstract]. This range encompasses the range of the instant claim of “wherein the molded pulp article has a tensile strength in the range of 30 kN/m to 55 kN/m”. See 2144.05(I). It would be obvious to one skilled in the arts at the time of invention to try increasing the density of the product to increase the tensile strength of the final paper product. One would be motivated by the increased strength and durability as taught by ASAYAMA.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over IKENAGA (US 20150361619 A1), ONO (US 20070207692 A1), and APPEL (US 20200262599 A1) in view of TAMAGAWA (US 20070148418 A1).
For claim 5, IKENAGA, ONO, and KUMAMOTO teach the molded pulp article of claim 1, as above. Neither IKENAGA nor ONO teach the peel properties of the non-woven shaped product. TAMAGAWA teaches a similar fiber slurry (referred to as stock) [0024] that is pressed into a shape [0075]. TAMAGAWA also teaches that the weaker the inter-fiber bonding the easier it is for blistering to occur [0006]. TAMAGAWA further teaches that blisters cause a substantial amount of nonuniformity of images and degradation in stiffness, curling properties, and convey ability [0018]. TAMAGAWA teaches that the ideal range of tensile strength is between 400 kN/m2 to 550 kN/m2 (equivalent to 0.4 N/mm2 to 0.55 N/mm2) [0018]. This suggested range is within the range of the instant claim of “wherein the molded pulp article has a peeling strength in the range of 0.3 N/mm2 to 0.9 N/mm2”. It would be obvious to one skilled in the arts at the time of invention to modify the structure of IKENAGA to improve the tensile strength to a level that avoids blistering based on the teaching of TAMAGAWA. One would be motivated to modify the art based on the added benefit of avoiding degradation in stiffness, curling properties, and convey ability as taught by TAMAGAWA.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over IKENAGA (US 20150361619 A1), ONO (US 20070207692 A1), and APPEL (US 20200262599 A1) in view of REED (US 20190233974 A1).
For claim 6, IKENAGA, ONO, and KUMAMOTO teach the molded pulp article of claim 1, as above. Neither IKENAGA nor ONO teach the basis weight standard deviation of the non-woven shaped product. REED teaches a similar fibrous composite structure [abstract] that is compressed into shape [0091]. REED teaches the basis weight of a fibrous structure is in the range of about 40 to 200 gsm [0046] and the basis weight standard deviation is less than 15% [0195] (equivalent to about 6-30 gsm). This range is within the range of the instant claim of “wherein the molded pulp article has a standard deviation of basis weight in the range of 2 g/m2 to 30 g/m2”. It would be obvious to one skilled in the arts at the time of invention to try standardizing the basis weight of the product to increase the consistency of the final paper product. One would be motivated by the success of the final product as taught by REED.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M RUSSELL whose telephone number is (571)272-6907. The examiner can normally be reached Mon-Fri: 7:30 to 4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.R./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
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