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 .
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.
Claims 1-6, 8-9 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lavoisier et al. (WO-2017046356-A1, google patents used for translation).
Regarding claims 1, 3 and 9
Lavoisier discloses a method of mixing algae powders with plasticizers and polymers (Example 7).
Lavoisier discloses a bioplastic composition comprising the algae powder and other components such as a plasticizer or a natural polymer (claims 14-15).
Lavoisier discloses a thermo formed product (claim 21). It is noted that such a thermos formed product would necessarily require applying a pressing force and heat to the mixed composition for a time.
With respect to the physical properties of the bioplastic being different than one or more of the physical properties of the mixed composition, it is noted that a bioplastic would be physically different than the algae powder used as the starting material, as it would no longer be a powder, i.e., it would have a different physical property.
Regarding claim 2
Lavoisier discloses the use of algae from the Ulva genus (claim 11).
Regarding claim 4
Lavoisier discloses the use of 10 wt % plasticizer based on the algae powder or on the bioplastic (approx. para 0043).
Regarding claims 5-6
Lavoisier discloses the use of biodegradable polymers such as poly(lactic acid) (PLA) (approx. para 0045).
Regarding claim 8
Lavoisier discloses injection molding (claim 19).
Regarding claims 12-17
The density, tensile strength, modulus of elasticity, flexural strength, and biodegradability are all properties of the composition, and as Lavoisier directly discloses the composition and method used to make the composition, it would be expected to have the same properties, and when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Regarding claims 18-20
Lavoisier discloses that the composition comprises between 10 and 60 wt % of the algae powder, and disclosers the use of 40 to 90 wt % of at least one other component which may be a polymer (claim 16).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lavoisier et al. (WO-2017046356-A1, google patents used for translation), as applied to claims 1-6, 8-9 and 12-20 above.
Regarding claims 10-11
Lavoisier discloses that the composition comprises between 10 and 60 wt % of the algae powder (Claim 16).
As the amounts of the reference overlap the claimed amount, the subject matter as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness. In re Malagari, 182 U.S.P.Q. 549.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art fairly teaches or suggest the time, temperature or force limitations of this claim in combination with the limitations of the base claim from which it depends.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES E MCDONOUGH whose telephone number is (571)272-6398. The examiner can normally be reached Mon-Fri 10-10.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 5712721177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734