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
Applicant's election with traverse of claims 1-15 in the reply filed on December 30, 2025 is acknowledged. The traversal is on the ground(s) that the Office Action provides no indication to whether the subject matter of the claims falls into a separate classification, status in the art, or field of search, just a statement that any one of these conditions might apply. This is not found persuasive because the Office Action recites the claimed apparatus and method are classified in different classes and that method can be practiced by another and materially different apparatus, such as a recycling unit having no grated shelf such that the floor of the unit contains a receptacle supports the plastic. Therefore, there is a search burden due to separate classification, different statuses of art due to recognized divergent subject matter, and different subject matter requiring different field of search.
The requirement is still deemed proper and is therefore made FINAL.
Claim 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group (Group II, claims 16-20), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 30, 2025.
Status of Claims
Claims 1-15 are examined.
Claims 16-20 are withdrawn with traverse.
Claim Interpretation
Regarding the limitation “recycling unit”, the limitation is interpreted under the broadest reasonable interpretation in the instant specification in ¶ [17] as “an incubator for plastics, resembling a miniature refrigerator or other similar appliance that can be used in homes, offices, apartments, and more”.
Regarding the limitation “PETase”, the limitation is interpreted in line with the instant specification in ¶ [19, 21] as “polyethylene terephthalate hydrolase”.
Regarding the limitation “MHETase”, the limitation is interpreted in line with the instant specification in ¶ [21-22] as “mono (2-hydroxyethyl) terephthalic acid hydrolase”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4 and 7-9, and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Stutts (US 2015/0320289 A1).
Regarding claim 1, Stutts discloses a recycling unit (¶ [0019] – dish-washer appliance 100, as interpreted above where a recycling unit “resembles a miniature refrigerator or other similar appliance), comprising:
a main body (¶ [0019] – a cabinet 102 defines a chamber 106) and a plurality of nozzles positioned within the main body (¶ [0021] – lower spray-arm assembly 144, mid-level spray-arm assembly 148, upper spray assembly 150);
a grated shelf (¶ [0020] – rack assemblies 130, 132) within the main body, the grated shelf supporting a receptacle (¶ [0020] – silverware basket removably attached to rack assembly 132, 130) containing a plastic item (¶ [0020] – for placement of silverware, utensils, and the like, interpreted as intended use, see below); and
a temperature control device (¶ [0045] – temperature sensor 240 in communication with controller 137) attached to the main body (¶ [0045] – 240 disposed within 106);
wherein the temperature control device is configured to regulate an internal temperature of the recycling unit (¶ [0045] – 137 may change fan speed 200 based on temperatures in 106 as communicated by 240).
The limitation “a receptacle containing a plastic item” recites a manner of operating the device for an intended use. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114 (II).
As Stutts discloses that a silverware basket attached to the rack assembly is for placement of silverware, utensils, and the like (¶ [0020]), the silverware basket is capable of performing the intended use of “containing a plastic item” The limitation does not add further structure to the claimed apparatus and thus because the silverware basket in Stutts is capable of performing the intended use, it meets the limitations as claimed.
Regarding claim 2, Stutts discloses the recycling unit of claim 1 further comprising a reservoir integrated within the main body (¶ p0019] – 102 having a tub 104; ¶ [0022] – fluid circulation assembly 152), the reservoir storing a spray solution (¶ [0022] – fluid circulation assembly 152 for circulating water and dish-washer fluid in 104).
Regarding claim 4, Stutts discloses the recycling unit of claim 1 wherein the plurality of nozzles are configured to dispense a spray solution onto the plastic item (¶ [0022] – 144, 148 includes an arrangement of discharge ports or orifices for directing washing liquid onto dishes or other articles located in 130, 132).
Regarding claim 7, Stutts discloses the recycling unit of claim 1 wherein the receptacle and the grated shelf are configured to be removed from the main body (¶ [0020] – 130, 132 adapted for movement between an extended loading position in which the rack is positioned outside the wash chamber; silverware basket is removably attached to 132, 130).
Regarding claim 8, Stutts discloses the recycling unit of claim 1 wherein the receptacle and grated shelf do not comprise plastic (the disclosure does not mention the racks 130, 132 or the silverware basket are made of plastic).
Regarding claim 9, Stutts discloses the recycling unit of claim 1 further comprising a door (¶ [0019] – door 120) attached to the main body (¶ [0019] – hinged at its bottom 122).
Regarding claim 11, Stutts discloses the recycling unit of claim 1 wherein the main body comprises a plurality of sidewalls, a top wall, and a bottom wall (FIG. 2 depict 102 comprising tub side walls 128, a top wall and a bottom wall 140).
Regarding claim 12, Stutts discloses the recycling unit of claim 11 further comprising a catch pan (¶ [0021] – tub sump portion 142) proximal to the bottom wall (FIG. 2 depicts 142 proximal to bottom of 102).
Regarding claim 13, Stutts discloses the recycling unit of claim 11 wherein at least two of the plurality of sidewalls define a protrusion (¶ [0020] – upper and lower guide rails 124, 126 mounted on the tub side walls 128) for supporting the grated shelf (¶ [0020] – accommodate 130, 132).
Regarding claim 14, Stutts discloses the recycling unit of claim 1 further comprising a drainage hose (FIG. 2 depicts 152 comprises a conduit/hose) for transferring a liquid runoff (¶ [0022] – fluid circulation assembly 152 for circulating water and dishwasher fluid) from the recycling unit.
Regarding claim 15, Stutts discloses the recycling unit of claim 1 wherein the grated shelf comprises a plurality of hangers supporting the receptacle (¶ [0020] – silverware basket removably attached to rack assembly 132, 130; FIG. 2 depicts 130, 132 comprising elongated members that would be used to hang the basket).
Claim(s) 1-2, 4, 8-12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 108941169 A, an English machine translation is provided in this Office Action).
Regarding claim 1, Liu discloses a recycling unit (¶ [0007] – clean waste treatment device), comprising:
a main body (¶ [0007] – box) and a plurality of nozzles (¶ [0007] – spray device that sprays aerobic bacteria and leachate; ¶ [0017] – through spray nozzles) positioned within the main body (¶ [0014] – spraying device include spray pipe connected to the top surface of the inner wall of the housing);
a grated shelf (¶ [0040] – filter screen 7) within the main body (FIG. 8 and 9 depict 7 within the box), the grated shelf supporting a receptacle containing a plastic item (would be capable of supporting a receptacle and containing a plastic item, see intended use analysis below); and
a temperature control device (¶ [0037] – temperature sensor 81 and control module 8) attached to the main body (¶ [0037] – located on the top of the inner wall of the box);
wherein the temperature control device is configured to regulate an internal temperature of the recycling unit (¶ [0017, 0037] – temperature sensor 81 to maintain a temperature in the inner cavity).
The limitation “a receptacle containing a plastic item” recites a manner of operating the device for an intended use. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114 (II).
As Liu discloses a filter screen and the waste/garbage is treated in the inner cavity of the box (¶ [0007]), the filter screen is capable of performing the intended use of “supporting a receptacle containing a plastic item.” The limitation does not add further structure to the claimed apparatus and thus because the filter screen in Liu is capable of performing the intended use, it meets the limitations as claimed.
Regarding claim 2, Liu discloses the recycling unit of claim 1. Liu further discloses the recycling unit comprising a reservoir (¶ [0016] – external aerobic bacteria liquid source) integrated within the main body (¶ [0016] – entering circulating pump, sent to spraying device), the reservoir storing a spray solution (¶ [0016] –aerobic bacteria liquid).
Regarding claim 4, Liu discloses the recycling unit of claim 1. Liu further discloses wherein the plurality of nozzles (¶ [0017] – spray nozzles) are configured to dispense a spray solution (¶ [0007] – spray device that sprays aerobic bacteria and leachate) onto the plastic item (¶ [0007] – to treat the waste in the inner cavity of the box; also interpreted as intended use, see MPEP § 2114 (II).).
Regarding claim 8, Liu discloses the recycling unit of claim 1. Liu further discloses wherein the receptacle and grated shelf do not comprise plastic (the disclosure does not mention the filter screen is made of plastic).
Regarding claim 9, Liu discloses the recycling unit of claim 1. Liu further discloses comprising a door attached to the main body (¶ [0007] – sealing door; ¶ [0041] – a glass top surface 101 made of double-layer translucent tempered glass).
Regarding claim 10, Liu discloses the recycling unit of claim 9. Liu further discloses wherein the door comprises a transparent panel (¶ [0041] – a glass top surface 101 made of double-layer translucent tempered glass).
Regarding claim 11, Liu discloses the recycling unit of claim 1. Liu further discloses wherein the main body comprises a plurality of sidewalls, a top wall, and a bottom wall (¶ [0014] – side wall of housing, FIG. 1 depicts the device housing comprises sidewalls, a top wall, and a bottom wall).
Regarding claim 12, Liu discloses the recycling unit of claim 11. Liu further discloses comprising a catch pan proximal to the bottom wall (¶ [0040] – filter tank provided at the bottom of the inner side wall of the box; connected to water inlet pipe 61).
Regarding claim 14, Liu discloses the recycling unit of claim 1. Liu further discloses further comprising a drainage hose for transferring a liquid runoff from the recycling unit (¶ [0040] – circulating pump device is a circulating pump 6, garbage liquid entering 6 from inlet pipe 61; ¶ [0017] – treated waste via circulating pump, achieving recycling of the leachate).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 7, 13, and 15 is/are rejected under 35 U.S.C. 103 as obvious over Liu (CN 108941169 A), as applied to claim 1 above.
Regarding claim 7, Liu discloses the recycling unit of claim 1. Liu further discloses wherein the receptacle and the grated shelf are configured to be removed from the main body.
However, it would have been obvious to one of ordinary skill in the art to have the filter screen be removable from the box to perform maintenance of the device. Furthermore, it has been held that when desirable to obtain access to an area, it would be obvious to make a component separable from another for such a purpose. See MPEP § 2144.04 (V)(C).
Regarding claim 13, Liu discloses the recycling unit of claim 11. Liu discloses a bracket connected to the side wall of the housing (¶ [0014]). Liu does not explicitly discloses wherein at least two of the plurality of sidewalls define a protrusion for supporting the grated shelf.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a protrusion or bracket to the filter screen to support it above the top surface of the quartz sand 71 so 71 can filter the landfill leachate (¶ [0040]).
Regarding claim 15, Liu discloses the recycling unit of claim 1. Liu discloses connection between the movable frame and the bracket is provided with pulleys, frame to lift the garbage bin (¶ [0014]). Liu does not explicitly discloses wherein the grated shelf comprises a plurality of hangers supporting the receptacle. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a hanger structure to the screen filter to contain or hold waste/material in the box or on the filter screen.
Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Liu (CN 108941169 A), as applied to claim 1 and 4 above, or, in the alternative, under 35 U.S.C. 103 as obvious over Liu (CN 108941169 A), as applied to claim 1 and 4 above, in view of Yang (US 2025/0368971 A1, provisional filed August 11, 2021).
Regarding claim 3, Liu discloses the recycling unit of claim 2. Liu further discloses wherein the spray solution comprises an enzyme blend (¶ [0016] – aerobic bacteria liquid, ¶ [0042] – degrading enzymes) capable of degrading the plastic item (¶ [0042] – degrading enzymes).
The limitation “the spray solution comprises an enzyme blend capable of degrading the plastic item” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
In arguendo the limitation does not recite material worked upon and Liu does not disclose an enzyme blend capable of degrading the plastic item, Yang is applied.
Yang discloses variant enzymes for use in enzymatic degradation of polyethylene terephthalate (PET) (Abstract, ¶ [0009]). The method of degrading Pet comprises contacting PET with variant Bhr-PETase enzyme (¶ [0010]). In some embodiments the enzyme further comprises MHETase to produce a PET degrading enzyme (¶ [0261]).
Liu and Yang are in the same field of degrading using enzymes to reduce pollution (Liu ¶ [0006], Yang ¶ [0001]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the Bhr-PETase and/or MHETase in Yang to the degrading enzyme and aerobic bacteria in Liu to be used in degradation of plastic made from PET (¶ [0050]) to reduce plastic pollution (¶ [0001, 0022]).
Regarding claim 5, Stutts discloses the recycling unit of claim 4 wherein the spray solution comprises at least one of a PETase and a MHETase.
The limitation “the spray solution comprises at least one of a PETase and a MHETase” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
In arguendo, the limitation does not recite material worked upon and does not recite “the spray solution comprises at least one of a PETase and a MHETase, Yang is applied.
Yang discloses variant enzymes for use in enzymatic degradation of polyethylene terephthalate (PET) (Abstract, ¶ [0009]). The method of degrading Pet comprises contacting PET with variant Bhr-PETase enzyme (¶ [0010]). In some embodiments the enzyme further comprises MHETase to produce a PET degrading enzyme (¶ [0261]).
Liu and Yang are in the same field of degrading using enzymes to reduce pollution (Liu ¶ [0006], Yang ¶ [0001]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the Bhr-PETase and/or MHETase in Yang to the degrading enzyme and aerobic bacteria in Liu to be used in degradation of plastic made from PET (¶ [0050]) to reduce plastic pollution (¶ [0001, 0022]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as obvious over Liu (CN 108941169 A), as applied to claim 1 above, in view of Yang (US 2025/0368971 A1) and Span (WO 2021183867 A1).
Regarding claim 6, Liu discloses the recycling unit of claim 1. Liu does not disclose a ultraviolet light positioned above the plurality of nozzles.
Yang discloses variant enzymes for use in enzymatic degradation of polyethylene terephthalate (PET) (Abstract, ¶ [0009]). The method of degrading Pet comprises contacting PET with variant Bhr-PETase enzyme (¶ [0010]). In some embodiments the enzyme further comprises MHETase to produce a PET degrading enzyme (¶ [0261]).
Liu and Yang are in the same field of degrading using enzymes to reduce pollution (Liu ¶ [0006], Yang ¶ [0001]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the Bhr-PETase and/or MHETase in Yang to the degrading enzyme and aerobic bacteria in Liu to be used in degradation of plastic made from PET (¶ [0050]) to reduce plastic pollution (¶ [0001, 0022]).
Yang does not disclose a ultraviolet light positioned above the plurality of nozzles.
Span discloses a method for degradation of polyethylene PE using enzymes (¶ [0006]).
Span further discloses a ultraviolet light (¶ [0006] – use of UV to degrade PE along with enzymes to degrade PE).
Liu and Span are in the same field of degrading using enzymes to reduce pollution (Liu ¶ [0006], Span ¶ [0004]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the UV source in Yang to the treatment device in Liu to add in degrading polyethylene (¶ [0006, 0014]).
Span does not explicitly disclose the UV source is “positioned above the plurality of nozzles”. However, the mere rearrangement of parts is held to be an obvious matter of design choice. See MPEP § 2144.04 (VI)(C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 1820070 A discloses a refrigerator with shelfs and slidably closure members
US 3866993 A discloses a storage system with moveable units and interlocking
US 20160037918 A discloses a pan support apparatus with modules selectively mountable on a frame and stores a pan in a stowed position
US 3266858 A discloses a refrigerator cabinet storage with shelves resembling grates
US 20060137543 A discloses a cooking device with food racks slidingly received within the support sets above a pan
US 20150157184 A discloses a cabinet with dish racks and spray arm assemblies
CN 114891776 A discloses a method for PET plastic degradation using polyethylene terephthalate degrading enzyme (DuraPETase) and terephthalate mono(hydroxyethyl) ester degrading enzyme (MHETase)
CN 115336557 A discloses a water washing tower includes a first packing layer, a first spray pipe, a second packing layer, and a second spray pipe
US 20240287276 A discloses a method for processing polyester plastic waste material, such as post-consumer polyethylene terephthalate
CN 205436581 U discloses a decomposition tank with a spraying device located on the upper side to promote waste decomposition
US 8216830 B2 discloses a culture apparatus including a chamber and a shelf plate
KR 100727619 B1 discloses a food waste treatment device including an enzyme injection nozzle connected to an enzyme tank
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754