Prosecution Insights
Last updated: October 04, 2026
Application No. 18/511,352

FORMING A CONTOURED FINISHED SOFT GOOD FROM A FLATTER FIBROUS INTERMEDIATE PART

Non-Final OA §103
Filed
Nov 16, 2023
Priority
Nov 16, 2022 — provisional 63/425,768
Examiner
CHIDIAC, NICHOLAS J
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Simplifyber Inc.
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
2m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
118 granted / 217 resolved
-10.6% vs TC avg
Strong +35% interview lift
Without
With
+34.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
30 currently pending
Career history
257
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 217 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 15, 2026 has been entered. Response to Amendment Claims 1-10 are pending. Claim 1 has been amended. The prior art rejection is withdrawn, and a new rejection is entered with additional art in view of the amendment. 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. 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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larsson (US 2021/0245407) in view of Larsson ‘784 (US 2026/0124784). Regarding claim 1, Larsson discloses a method for forming a fibrous molded article ([0016]), comprising: providing a combination that contains at least an amount of water and a plurality of fibers (cellulose with additives and wet forming entails water, [0062]); providing the combination into a dehydration chamber (dry forming unit 11, [0054], Fig. 1), the dehydration chamber having a screen capable of permitting water to flow therethrough but to substantially prevent the fibers from the slurry from passing therethrough (forming wire 14, residual water passes to vacuum box 24, [0054] [0071], Fig. 1); dehydrating the combination by permitting at least some of the amount of water to flow through the screen until substantially flat or contoured fibrous material is achieved (fibers 12 drawn by vacuum onto the forming wire 14 which is a mesh structure, [0054], Fig. 1); removing the fibrous intermediate form from the dehydration chamber (fibers 12 depart on endless belt of forming wire 14, [0054], Fig. 1); placing the fibrous intermediate form in a press having a first mold portion and a second mold portion wherein at least one of the first or second mold portions includes a contour (forming wire 14 feeds fibers 12 to compacting unit 15 and fibers continue to feeding unit 17 to forming mold 3 with top and bottom mold portions shown in Fig. 1 and Figs. 6a-b, mould part 2a (see contour in Figs. 6a-b) and mould part 2b, [0054-57] [0066] [0102], Figs. 1, 3, 6a-b); applying at least one of heat and pressure to the press such that at least fiber to fiber bonding or chemical cross-linking of fibers occurs (heating and pressure to shape and bond fibers, [0058]); and removing the intermediate part from the press (ejected, [0085]), the intermediate part comprising of three-dimensional solid fibrous materials (cellulose product exists in three dimensions, see example in 4d, also what is seen in Fig. 6b). Larsson teaches a method substantially as claimed. Larsson does not disclose providing a slurry that contains at least an amount of water and a plurality of fibers, wherein the plurality of fibers are dispersed within the water. Larsson differs in following a dry forming method with a combination containing water and the plurality of fibers instead of a slurry with the plurality of fibers dispersed within the water. However, in the same field of endeavor of producing a cellulose product with a non-flat product structure ([0001]), Larsson ‘784 teaches providing a slurry that contains at least an amount of water and a plurality of fibers (wet forming with a fibrous slurry, [0050]), wherein the plurality of fibers are dispersed within the water (fibrous slurry is sprayed because the fibers are dispersed in water, [0050]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Larsson to use wet forming instead of dry forming, providing the plurality of fibers dispersed in water as a slurry to form against the mesh because [0050] of Larsson ‘784 teaches that wet forming is an art recognized equivalent to dry forming, which is taught in [0019] of Larsson. Regarding claim 2, Larsson discloses wherein the slurry is in the form of a mixture (mixture of sizing agent, additive, fibers, [0065]; as modified, slurry as in [0050] of Larsson ‘784). Regarding claim 3, Larsson discloses wherein the slurry includes natural fibers (cellulose is a natural fiber, [0054]). Regarding claim 4, Larsson discloses wherein the slurry includes at least two types of fibers and each of the two types of fibers is a natural fiber, semi synthetic fiber or synthetic fiber (cellulose from any suitable source including wood pulp and fluff pulp, or cellulose fibres from cotton, linen, hemp, sugar cane and grain, [0053]; starch additives, [0062]; accordingly, natural fibers and the starch additives are a semi synthetic fiber as the term is understood; as modified, slurry as in [0050] of Larsson ‘784). Regarding claim 5, Larsson discloses wherein the slurry includes biobased molecules or polymers (cellulose from any suitable source including wood pulp and fluff pulp, or cellulose fibres from cotton, linen, hemp, sugar cane and grain, [0053]; as modified, slurry as in [0050] of Larsson ‘784). Regarding claim 6, Larsson discloses wherein the biobased molecules or polymers is one of chitosan, starches, ionic starches, cellulosic materials such as, but not limited to, carboxymethylcellulose, nanofibrillated cellulose, nanocellulose; natural rubber latex, collagen, gelatine, alginate, polylactic acid, polyglycolic acid, and/or polyhydroxyalkanoates (cellulose from any suitable source including wood pulp and fluff pulp, or cellulose fibres from cotton, linen, hemp, sugar cane and grain, [0053]; also starch additives, [0062]). Regarding claim 7, Larsson discloses wherein at least one of the first mold portion and the second mold portion includes at least one of a contour, a texture, a pattern that is imparted onto the three- dimensional solid fibrous molded part (contour shown in Figs. 6a, b). Regarding claim 8, Larsson discloses wherein heat and pressure is applied to the press (heating and pressure to shape and bond fibers, [0058]). Regarding claim 9, Larsson discloses wherein three-dimensional solid fibrous molded part includes one or more final parts and excess materials (unwanted residual compressed or uncompressed fibers, [0077]). Regarding claim 10, Larsson discloses wherein the excess material is removed from the one or more final parts (finished product is cut free from unwanted residual compressed or uncompressed fibers, [0077]). Response to Arguments Applicant’s arguments, filed July 15, 2026, with respect to the rejection(s) of claim(s) 1-10 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in futher view of Larsson ‘784 (US 2026/0124784). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J CHIDIAC whose telephone number is (571)272-6131. The examiner can normally be reached 8:30 AM - 6:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NICHOLAS J CHIDIAC/Examiner, Art Unit 1744 /EMMANUEL S LUK/Primary Examiner, Art Unit 1744
Read full office action

Prosecution Timeline

Nov 16, 2023
Application Filed
Jun 10, 2025
Non-Final Rejection mailed — §103
Dec 10, 2025
Response Filed
Jan 15, 2026
Final Rejection mailed — §103
Jul 15, 2026
Request for Continued Examination
Jul 17, 2026
Response after Non-Final Action
Aug 05, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
89%
With Interview (+34.6%)
3y 0m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 217 resolved cases by this examiner. Grant probability derived from career allowance rate.

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