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 § 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.
Claims 4-10 and 13-20 are 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.
Claims 4 and 5 recite the limitation, “the lengths of the bamboo powders” which is indefinite. Claim 1 recites bamboo powders; however, it is unclear what is meant by the recitation “lengths of the bamboo powders”. Accordingly, the metes and bounds of the claimed invention cannot be determined with reasonable certainty. Accordingly, claims 4 and 5 are indefinite.
Claim 6 recites the limitation "the alkaline solution". There is insufficient antecedent basis for this limitation because no antecedent basis is provided for “the alkaline solution” before it is first referenced. According, claim 6 is indefinite. Thus, claims 6-9 and all claims depending therefrom are likewise indefinite.
Claims 9 and 10 recite “a solvent of the alkaline solution comprises calcium hydroxide, potassium hydroxide, or sodium hydroxide” which is indefinite. Calcium hydroxide, potassium hydroxide are generally recognized as alkaline compounds rather than solvents. Therefore, it is unclear whether the Applicant intends these compounds to be the solute dissolved in the solvent or whether the term “solvent” is being used in another manner. Accordingly, the metes and bounds of the claimed invention cannot be determined with reasonable certainty.
Claim 14 recites the limitation the "the vapor". There is insufficient antecedent basis for this limitation because no antecedent basis is provided for “the vapor” before it is first referenced. Accordingly claims 14-16 and all claims depending therefrom are likewise indefinite.
Claim 18 recites the limitation "the surface". There is insufficient antecedent basis for this limitation because no antecedent basis is provided for “the surface” before it is first referenced. Accordingly, claim 18 is indefinite. Accordingly, claim 18 is indefinite.
Claim 20 further recites the limitation "after extrusion and molding", but depends from claim 4 (and ultimately claim 1) neither of which recites extrusion or molding. There is insufficient antecedent basis for this limitation in the claim because no antecedent basis is provided for “after extrusion and molding” before it is first referenced. Accordingly, claim 20 is also indefinite. See MPEP 2173.05 (e).
Allowable Subject Matter
Claims 1-3 and 11-12 are allowable over prior art.
Claims 4-10 and 13-20 would be allowable over the prior art, but for the outstanding rejection (s) under 35 U.S. C. 112(b).
Claim 1 is allowable because prior art does not teach a method including cutting bamboo stalks, grinding to form bamboo powders, cleaning, drying and modifying bamboo powder and mixing the bamboo powder with PVC, VC/VAC, SAN, CPE, an internal lubricant, an external lubricant, and a stabilizer.
Claims 2-20 depend, directly or indirectly, from claim 1 and therefore contain the same allowable subject matter.
Relevant prior art includes Zhang (CN1011747645B), Lui (CN101100555A), Lee (US10093760B2), Zhang (CN101659723A/B), Ruan (CN102634856A) and Yang (CN10467244A). The English-language translations of the foreign patent documents are attached.
Zhang et al. (CN10117465B) teaches preparing a bamboo-plastic composite material using modified bamboo fibers, carrier resin, additives, and extrusion processing (Abstract, [0007]). However, Zhang does not teach cutting bamboo stalks into pieces, grinding the bamboo into powder, cleaning and drying the bamboo powder to moisture content below 12 wt.% or the complete claimed formulation including PVC, VC/VAc copolymer, SAN, CPE, lubricants, and heat stabilizer.
Ruan et al. (CN102634856A) teaches alkaline cleaning and drying of bamboo material before processing (Claim 1; Abstract, [0022]- [0024]). However, Ruan does not teach cutting stalks, grinding bamboo into powder, modifying the bamboo powder, preparing the claimed bamboo-plastic composite, or the claimed formulation.
Lui et al. (CN101100555A) teaches bamboo/PVC composite formulations containing bamboo powder, PVC resin, lubricants, and stabilizers (Claim 1; Claim 2-3; Abstract; Examples 1-3). However, Lui does not teach cutting bamboo stalks, grinding bamboo into powder, cleaning and drying bamboo powder, or the complete formulation claimed manufacturing method.
Lee (US10093760B2) teaches VC/VAc copolymers and methods of preparing the copolymers for PVC compositions (Claim 1; col. 15, lines 20-24; Claim 8, col. 15, line 54 - col. 16, line 10). However, Lee does not teach cutting bamboo stalks, grinding bamboo into powder, cleaning or drying bamboo powder, modifying bamboo powder or preparing the claimed bamboo-plastic composite material.
Zhang et al. (CN101659723A/B) teaches SAN-containing PVC compositions. (Claim 1; [001]- [0015]). However, Zhang does not teach the claimed bamboo processing steps recited in claim 1, including cutting, grinding, cleaning, drying and modifying the bamboo powder.
Yang et al. (CN10467244A) teaches cutting bamboo pieces and grinding/pulverizing bamboo. (Claim 1, [0005], [0007], [0011], [0013]- [0014]). However, Yang does not teach cleaning, drying, modifying bamboo powder, preparing the bamboo-plastic composite material, or the claimed formulation including PVC, VC/VAc copolymer, SAN, CPE, internal lubricant, external lubricant and heat stabilizer.
Accordingly, none of the cited reference, either alone or in combination, teach or suggest the combination of steps and formulations recited in independent claim 1. Therefore, claims 1-20 would be allowable over the prior art upon resolution of the outstanding issues under 35 U.S.C. 112(b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK ROY THOMAS whose telephone number is (571)270-0205. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK ROY THOMAS/ Examiner, Art Unit 1764
/ROBERT C BOYLE/ Primary Examiner, Art Unit 1764
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