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 Arguments
Applicant's arguments filed 7/29/25 have been fully considered but they are not persuasive. The Arora reference still anticipates at least claims 11 and 12 (the amended claims). New claims 21-25 have new rejections. The double patenting rejection has been obviated by amendment.
Applicant asserts in paragraph 4 on page 6 of the Remarks that paragraph 48 of Arora requires that the source of feedstock is a biomass source. This is correct. However, Applicant’s statement that “end articles as the mentioned cloth would be sourced with bio-based fibers, such as cellulose from wood” is their own extrapolation. Paragraph 48 recites “Biomass may be obtained from any suitable source including, but not limited to, agricultural plant waste, plant waste from processes, consumer waste and energy crops grown specifically for fuel production.” Consumer waste comprising cloth would undoubtedly contain synthetic fibers as they are prevalent in consumer textiles. New references are cited for evidentiary support.
Applicant’s arguments at the bottom of page 6 to top of page 7 rely on the distinction between the processes claimed and the product of Arora. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. See MPEP 2113 I.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 11-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arora (US 2013/0144087 A1). Bradin (US 2015/0141605 A1), Huang (US 2012/0310023 A1), and Dubois (US 2011/0318515 A1) are used as evidentiary support.
Regarding claims 11, 14-16, and 18-22, Arora discloses a process comprising: creating a syngas by gasifying biomass (paragraph 43), the biomass comprising cloth (paragraph 48); using the syngas as a feedstock in a reaction scheme to produce polymer reactant for preparing a polymer (paragraph 45); and reacting said at least one polymer reactant to prepare a polymer (paragraph 45). The cloth is considered a densified textile because it is torrefied and pulverized (paragraph 77). Arora does not specify what the cloth is comprised of but it is known that textiles contain synthetic fibers. Bradin (paragraph 175), Huang (paragraph 76), and Dubois (paragraph 4) are provide for support in analogous art about the prevalence of synthetic fibers in consumer textiles.
Regarding claim 12, Arora discloses introducing the biomass and an oxidant to the gasifier and outputting the syngas (paragraph 21).
Regarding claim 13, Arora discloses producing methanol, acetic acid, and methyl acetate (paragraph 24).
Regarding claim 17, Arora discloses a screw feeder (paragraph 58).
Regarding claims 23-25, product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. See MPEP 2113 I.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725