DETAILED ACTION
Summary
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s arguments and claim amendments submitted on January 9, 2026 have been entered into the file. Currently claim 1 is amended and claims 2-9 are cancelled, resulting in claim 1 pending for examination.
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 1 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 1 refers to a “backbone” part of each of the porous lump in line 17. The limitation is indefinite because it is unclear what a backbone of a porous lump is.
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108395790)1,2 in view of Sasaya (WO 01/60934)1,2, Kammermeier (DE 4440385)1,2, and Strimling (US 2018/0320367)2.
With respect to claim 1, Zhang discloses an environmentally friendly thermal insulation shell powder containing shell powder and thermal insulation composite filler (core) (paragraph [0007]). The shell powder is cooked (fired) and obtained by grinding scallops (paragraphs [0009], [0011], [0020]).
Zhang is silent as to the composition further comprising non-fired ground product of scallop shells.
Sasaya teaches powder paint containing scallop shell powder (page 1). The shells contain calcium carbonate having a hexagonal calcite-type crystal structure (page 2). When the shell powder is fired it becomes calcium oxide (page 3). The calcium carbonate component of the scallop shell powder absorbs and removes odors and moisture while the calcium oxide components exhibit high antibacterial properties and inhibit the growth of bacteria and mold (page 3). A mixture of powders can preferably be used (page 3).
Since both Zhang and Sasaya teach construction compositions comprising fired scallop shells, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scallop powder of Zhang to include non-fired ground scallop shells to provide the composition with the ability to absorb and remove moisture through the calcium carbonate, while also providing the antibacterial properties awarded by the calcium oxide of the fired scallop shells.
Zhang in view of Sasaya is silent as to the composition comprising chaff.
Kammermeier teaches using spelt husks as thermal insulation material (paragraph [0005]). Spelt husks naturally have high thermal and sound insulation values and meet fire class B2 without additional additives (paragraph [0005]). The use of spelt husks, which would otherwise be a waste product, also removes the need to dispose of the spelt husks (paragraph [0004]).
Since both Zhang in view of Sasaya and Kammermeier teach thermal insulation, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include chaff in the insulation composition of Zhang in order to recycle spelt husks thus reducing waste as well as increase the thermal and sound insulation properties of the composition.
Zhang in view of Sasaya and Kammermeier is silent as to the mixture being in the form of an agglomerate of porous lumps.
Strimling teaches insulation made of cellulose components and including superstructures to enhance the heat flow reduction characteristics of the insulation (paragraph [0001]). The superstructures create clusters of fibers that are fixedly joined together to form three-dimensional bodies (paragraph [0021]). The three-dimensional bodies may be in the form of woven mats, stars, or other three-dimensional configurations (paragraph [0021]). These superstructures contain voids and thereby establish voids in the bulk insulation containing them that results in an insulation having lower density than an insulation having more closely packed components (paragraph [0021]). The superstructures may be formed into relatively small clusters (lumps) and through agglomeration (paragraphs [0026], [0047]).
Since both Zhang in view of Sasaya and Kammermeier and Strimling teach insulation, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insulation of Zhang in view of Sasaya and Kammermeier to include the cellulose fiber superstructures of Strimling, including woven fabrics and star shapes formed into agglomerated clusters, in order to enhance the flow reduction characteristics of the insulation and provide insulation with a lower density.
The fired scallop shell powder, non-fired scallop shell powder, and chaff powder of Zhang in view of Sasaya and Kammermeier would necessarily enter/form all through holes and recesses in the resulting agglomerated cellulose fiber superstructure of Strimling when mixed. It would be obvious to the ordinary artisan to maintain the voids in the final mixed product in order to provide sufficient insulation.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otsuki (JP 2009-293249)3,4 in view of Sasaya (WO 01/60934)1,2, Kammermeier (DE 4440385)1,2, and Strimling (US 2018/0320367)2.
With respect to claim 1, Otsuki discloses fiber-based (core) insulation comprising cellulose fiber, natural adhesive, and shell calcium (paragraph [0013]). The shell calcium is obtained by calcining (firing) the shells of shellfish such as scallops (paragraphs [0017], [0052]). Otsuki further teaches the insulation material has air bubbles in the cellulose fibers themselves and also traps air between the entangled cellulose fibers, which provides excellent insulation, soundproofing, and anti-condensation functions (paragraph [0016]).
Otsuki is silent as to the composition further comprising non-fired ground product of scallop shells.
Sasaya teaches powder paint containing scallop shell powder (page 1). The shells contain calcium carbonate having a hexagonal calcite-type crystal structure (page 2). When the shell powder is fired it becomes calcium oxide (page 3). The calcium carbonate component of the scallop shell powder absorbs and removes odors and moisture while the calcium oxide components exhibit high antibacterial properties and inhibit the growth of bacteria and mold (page 3). A mixture of powders can preferably be used (page 3).
Since both Otsuki and Sasaya teach construction compositions comprising fired scallop shells, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scallop powder of Otsuki to include non-fired ground scallop shells to provide the composition with the ability to absorb and remove moisture through the calcium carbonate, while also providing the antibacterial properties awarded by the calcium oxide of the fired scallop shells.
Otsuki in view of Sasaya is silent as to the composition comprising chaff.
Kammermeier teaches using spelt husks as thermal insulation material (paragraph [0005]). Spelt husks naturally have high thermal and sound insulation values and meet fire class B2 without additional additives (paragraph [0005]). The use of spelt husks, which would otherwise be a waste product, also removes the need to dispose of the spelt husks (paragraph [0004]).
Since both Otsuki in view of Sasaya and Kammermeier teach thermal insulation, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include chaff in the insulation composition of Otsuki in view of Sasaya in order to recycle spelt husks thus reducing waste as well as increase the thermal and sound insulation properties of the composition.
Otsuki in view of Sasaya and Kammermeier is silent as to the mixture being in the form of an agglomerate of porous lumps.
Strimling teaches insulation made of cellulose components and including superstructures to enhance the heat flow reduction characteristics of the insulation (paragraph [0001]). The superstructures create clusters of fibers that are fixedly joined together to form three-dimensional bodies (paragraph [0021]). The three-dimensional bodies may be in the form of woven mats, stars, or other three-dimensional configurations (paragraph [0021]). These superstructures contain voids and thereby establish voids in the bulk insulation containing them that results in an insulation having lower density than an insulation having more closely packed components (paragraph [0021]). The superstructures may be formed into relatively small clusters (lumps) and through agglomeration (paragraphs [0026], [0047]).
Since both Otsuki in view of Sasaya and Kammermeier and Strimling teach insulation comprising cellulose fibers, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cellulose fibers of Otsuki in view of Sasaya and Kammermeier to be in the form of the superstructures of Strimling, including woven fabrics and star shapes formed into agglomerated clusters, in order to enhance the flow reduction characteristics of the insulation and provide insulation with a lower density.
The fired scallop shell powder, non-fired scallop shell powder, and chaff powder of Otsuki in view of Sasaya and Kammermeier would necessarily enter/form all through holes and recesses in the resulting agglomerated cellulose fiber superstructure of Strimling when mixed. It would be obvious to the ordinary artisan to maintain the voids in the final mixed product in order to provide sufficient insulation.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809)5,6 in view of Otsuki (JP 2009-293249)1,2, Sasaya (WO 01/60934)1,2, Kammermeier (DE 4440385)1,2, and Strimling (US 2018/0320367)2.
With respect to claims 1, 6, and 9, Kida teaches calcined (fired) seashells being applied directly to thinned logs (core) (flat-plate shape) (paragraphs [0008], [0013]).
Kida is silent as to the seashells being scallops.
Otsuki discloses fiber-based (core) insulation comprising cellulose fiber, natural adhesive, and shell calcium (paragraph [0013]). The shell calcium is obtained by calcining (firing) the shells of shellfish such as scallops (paragraphs [0017], [0052]). The shell calcium absorbs and decomposes harmful substances and pollutants in the air as well as provides deodorizing properties (paragraph [0017]).
Since both Kida and Otsuki teach compositions comprising fired seashells, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the seashells of Otsuki to comprise scallop shells in order to provide a composition which absorbs and decomposes harmful substances and pollutants in the air as well as provides deodorizing properties.
Kida in view of Otsuki teaches the claimed invention above but does not expressly teach the composition being heat insulating. It is reasonable to presume that the heat insulating property is inherent to Kida in view of Otsuki. Support for said presumption is found in that Kida in view of Otsuki teach the claimed materials, and therefore are expected to have the same properties of the claimed invention.
Kida in view of Otsuki is silent as to the composition further comprising non-fired ground product of scallop shells.
Sasaya teaches powder paint containing scallop shell powder (page 1). The shells contain calcium carbonate having a hexagonal calcite-type crystal structure (page 2). When the shell powder is fired it becomes calcium oxide (page 3). The calcium carbonate component of the scallop shell powder absorbs and removes odors and moisture while the calcium oxide components exhibit high antibacterial properties and inhibit the growth of bacteria and mold (page 3). A mixture of powders can preferably be used (page 3).
Since both Kida in view of Otsuki and Sasaya teach construction compositions comprising fired scallop shells, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scallop powder of Kida in view of Otsuki to include non-fired ground scallop shells to provide the composition with the ability to absorb and remove moisture through the calcium carbonate, while also providing the antibacterial properties awarded by the calcium oxide of the fired scallop shells.
Kida in view of Otsuki and Sasaya is silent as to the composition comprising chaff.
Kammermeier teaches using spelt husks as thermal insulation material (paragraph [0005]). Spelt husks naturally have high thermal and sound insulation values and meet fire class B2 without additional additives (paragraph [0005]). The use of spelt husks, which would otherwise be a waste product, also removes the need to dispose of the spelt husks (paragraph [0004]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include chaff in the composition of Kida in view of Otsuki and Sasaya in order to recycle spelt husks thus reducing waste as well as increase the thermal and sound insulation properties of the composition.
Kida in view of Otsuki, Sasaya, and Kammermeier is silent as to the mixture being in the form of an agglomerate of porous lumps.
Strimling teaches insulation made of cellulose components and including superstructures to enhance the heat flow reduction characteristics of the insulation (paragraph [0001]). The superstructures create clusters of fibers that are fixedly joined together to form three-dimensional bodies (paragraph [0021]). The three-dimensional bodies may be in the form of woven mats, stars, or other three-dimensional configurations (paragraph [0021]). These superstructures contain voids and thereby establish voids in the bulk insulation containing them that results in an insulation having lower density than an insulation having more closely packed components (paragraph [0021]). The superstructures may be formed into relatively small clusters (lumps) and through agglomeration (paragraphs [0026], [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Kida in view of Otsuki, Sasaya, and Kammermeier to include the cellulose fiber superstructures of Strimling, including woven fabrics and star shapes formed into agglomerated clusters, in order to enhance the flow reduction characteristics of the insulation and provide insulation with a lower density.
The fired scallop shell powder, non-fired scallop shell powder, and chaff powder of Kida in view of Otsuki, Sasaya, and Kammermeier would necessarily enter/form all through holes and recesses in the resulting agglomerated cellulose fiber superstructure of Strimling when mixed. It would be obvious to the ordinary artisan to maintain the voids in the final mixed product in order to provide sufficient insulation.
Response to Arguments
Response – Specification
The objection to the disclosure due to informalities is overcome by Applicant’s amendments to the specification in the response received on January 9, 2026.
Response – Claim Rejections 35 USC §102 and 103
The rejections of:
claim(s) 1 under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 108395790);
claim(s) 1 and 4 under 35 U.S.C. 102(a)(1) as being anticipated by Otsuki (JP 2009-293249);
claim(s) 1, 6, and 9 under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809) in view of Otsuki (JP 2009-293249);
claim(s) 2 under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108395790) and further in view of Sasaya (WO 01/60934);
claim(s) 2 under 35 U.S.C. 103 as being unpatentable over Otsuki (JP 2009-293249) and further in view of Sasaya (WO 01/60934);
claim(s) 2 under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809) in view of Otsuki (JP 2009-293249) and further in view of Sasaya (WO 01/60934);
claim(s) 3 under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108395790) and further in view of Kammermeier (DE 4440385);
claim(s) 3 under 35 U.S.C. 103 as being unpatentable over Otsuki (JP 2009-293249) and further in view of Kammermeier (DE 4440385);
claim(s) 3 under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809) in view of Otsuki (JP 2009-293249) and further in view of Kammermeier (DE 4440385);
claim(s) 4-5 and 7-8 under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108395790) and further in view of Strimling (US 2018/0320367);
claim(s) 5 and 7-8 under 35 U.S.C. 103 as being unpatentable over Otsuki (JP 2009-293249) and further in view of Strimling (US 2018/0320367);
claim(s) 4-5 and 7-8 under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809) in view of Otsuki (JP 2009-293249) and further in view of Strimling (US 2018/0320367);
claim(s) 7 under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108395790) and further in view of Maier (WO 2015/056138);
claim(s) 7 under 35 U.S.C. 103 as being unpatentable over Otsuki (JP 2009-293249) and further in view of Maier (WO 2015/056138); and
claim(s) 7 under 35 U.S.C. 103 as being unpatentable over Kida (JP 2003-340809) in view of Otsuki (JP 2009-293249) and further in view of Maier (WO 2015/056138)
have been withdrawn in light of the amendments to the claims filed January 9, 2026.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection to address the newly added limitations. The Applicant's arguments are therefore moot as they do not address the combination of references used in the rejections of the amended claims presented above.
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.
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LARISSA ROWE EMRICH
Examiner
Art Unit 1789
/LARISSA ROWE EMRICH/Examiner, Art Unit 1789
1 Machine translation used as reference
2 Previously presented
3 Machine translation used as reference
4 Previously presented
5 Machine translation used as reference
6 Cited in IDS