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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/10/2026 has been entered.
Response to Amendment
The Amendments filed 06/10/2026 responsive to the Office Action filed 03/16/2026 has been entered. Claims 1, 6 and 13 have been amended. Claim 5 has been canceled. Claims 1-4, 6-11 and 13 are pending in this application.
Response to Arguments
Applicant's arguments, filed 06/10/2026 in pages 5-6, with respect to the rejection of claims 1 and 13 under 103 have been considered but are moot because the new ground of rejection does not rely on the combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-4 and 6-11 are rejected under 35 U.S.C. 103 as obvious over Wakabayashi et al. (US 2022/0288869- of record) in view of Farmer et al. (US 2024/0124724- of record) and Saito et al. (US 2009/0199738).
With respect to claims 1 and 6, Wakabayashi teaches a method for manufacturing a colored fiber body (“A method for manufacturing a molded product”, Pa [0017]; “Examples of such the component include …a color material, such as a pigment, a dye, and a toner.”, Pa [0068]), the method comprising:
a deposition step of depositing a mixture containing cellulose fibers and a composite body by an airflow (“a deposition step of depositing a mixture including a fiber and a complex”, Pa [0018]; “the fiber is a cellulose fiber”, Pa [0035]; “The defibration unit 13 can generate a flow of air from the coarse crushing unit 12 toward the sorting unit 14, i.e., an airflow, by the rotation of the rotor.”, Pa [0141]; “In the middle of the tube 242, a blower 261 is provided. The blower 261 is an airflow generator that generates an airflow toward the sorting unit 14. Consequently, the sending out of the defibrated substance M3 to the sorting unit 14 is promoted.”, Pa [0143]);
a humidifying step of humidifying the mixture (“a humidification step of humidifying the mixture”, Pa [0018]); and
a molding step of heating and pressurizing the humidified mixture to form a fiber body (“a molding step of heating and pressurizing the humidified mixture to obtain a molded product”, Pa [0018]),
wherein the composite body (“a complex”) includes composite particles which integrally contain a colorant (“a color material”) and a binding material (“binding material”) to have a binding force to bind the cellulose fibers to each other by moisture application (“a complex C10 includes a composite particle C1 in which a binding material particle C2 and an inorganic particle C3 are included as a unit. The binding material particle C2 contains a binding material exerting a binding force for binding individual fibers together by being applied with moisture.”, Pa [0048]; “The binding material particle C2 may include…a color material, such as a pigment, a dye, and a toner.”, Pa [0068]).
Wakabayashi teaches that the binding material particle C2 may include, in addition to the binding material, a component other than the binding material, that is, a component that does not exert a binding force for binding individual fibers together even if being applied with moisture, examples of such the component include a fiber material and a color material, such as a pigment, a dye, and a toner (Pa [0068]), and further teaches that the content of the binding material in the binding material particle C2 may be 80 mass % or more, 90 mass % or more, or 95 mass % or more (Pa [0069]). That is, Wakabayashi teaches that the content of the color material other than the binding material in the binding material particle C2 is less than 20 mass %. The one of ordinary skill in the art before the effective filing date of the claimed invention would consider the invention to be obvious because the range of the content of the color material taught by Wakabayashi overlap the instantly claimed range and therefore are considered to establish a prima facie case of obviousness (See MPEP 2144.05 (I)).
Wakabayashi teaches a color material, such as a pigment, a dye, and a toner, but is silent to a biological-derived colorant and a dispersant including sodium lignin sulfonate or decaglyceryl myristate.
In the same field of endeavor, environmentally-friendly compositions and methods for improving production of printed and dyed materials such as textiles, paper goods and packaging, Farmer teaches that the subject invention provides “green” alternatives for chemicals utilized in the inks and processes used for printing and dyeing to reduce water and chemical usage resulting from these processes, as well as reduce wastewater pollution (Pa [0073]), and the colorant is a natural dye (Pa [0093]-[0094]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Farmer and substitute Farmer’s natural dye for Wakabayashi’s color material in order to reduce water and chemical usage as well as reduce wastewater pollution.
Farmer further teaches that the composition can be produced by mixing the colorant with the biological amphiphilic molecule (Pa [0030]), and the biological amphiphilic molecule facilitates the delivery of the colorant to the surface so that fixing can occur, and in certain embodiments, the biological amphiphilic molecule serves one or more of the following purposes: a wetting agent, a solubilizer, a dispersant, an emulsifier, a viscosity modifier, a detergent, and anti-foaming agent, and/or a biocide (Pa [0033]), but is silent to sodium lignin sulfonate or decaglyceryl myristate.
In the same field of endeavor, an aqueous ink-jet ink composition, Saito teaches that an aqueous ink-jet ink composition contains a polyglycerol fatty acid ester to modify the viscosity of the ink composition (Pa [0028]), and the polyglycerol fatty acid ester may be decaglyceryl myristate (Pa [0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Saito and provide decaglyceryl myristate in order to modify the viscosity of the mixture. In the instant specification, decaglyceryl myristate serves as a dispersant for the colorant (Pa [0073], [0077]), thus the combination meets the limitation.
With respect to claim 2, Wakabayashi as applied to claim 1 above further teaches that the binding material include a starch (Pa [0060]).
With respect to claim 3, Farmer as applied in the combination regarding claim 1 above further teaches that the biological-derived colorant is water soluble (“They are soluble”, Pa [0082]; “the colorant mixture is then added to a water or solvent to produce a water- or solvent-based ink.”, Pa [0097]).
With respect to claim 4, Farmer as applied in the combination regarding claim 1 above further teaches that the biological-derived colorant is water insoluble (“generally insoluble in the vehicle or substrate in which they are incorporated.”, Pa [0081];” the colorant mixture is then added to a water or solvent to produce a water- or solvent-based ink.”, Pa [0097]).
With respect to claim 7, Wakabayashi as applied to claim 1 above further teaches that wherein the composite particles further contain inorganic particles (Pa [0074]).
With respect to claims 8 and 9, Farmer as applied in the combination regarding claim 1 above further teaches that the composition can be produced by mixing the colorant with the biological amphiphilic molecule (Pa [0030]), and optionally, the composition can also comprise one or more other components or additives, including, for example, carriers, solvents, co-solvents, dispersants, emulsifiers, humectants, binders, wetting agents, biocides, pH modifiers, solubilizers, anti-curl agents, mordants, defoamers, anti-foamers, detergents, plasticizers, waxes, drying agents, chelating agents, viscosity modifiers and/or thickeners, and in certain embodiments, the biological amphiphilic molecule can serve the function of one or more of these additives (Pa [0098]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Farmer and provide the biological amphiphilic molecule serving as at least a plasticizer with the colorant in order to facilitate the delivery of the colorant.
With respect to claim 10, Wakabayashi as applied to claim 1 above further teaches that the composite particles have an average particle diameter of 1.0 to 50 μm (“The average particle diameter of the composite particle C1 may be 1.0 μm or more …50 μm or less.”, Pa [0053]).
With respect to claim 11, Wakabayashi as applied to claim 1 above further teaches that the mixture to be subjected to the molding step has a water content of 12 to 40 percent by mass (“The amount of moisture to be applied to the mixture in the humidification step is …10 parts by mass or more and 30 parts by mass or less.”, Pa [0115]). In the case where claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. (See MPEP 2144.05 (I)).
Claim 13 is rejected under 35 U.S.C. 103 as obvious over Wakabayashi et al. (US 2022/0288869-of record) in view of Farmer et al. (US 2024/0124724-of record), Netravali et al. (US 2015/0203667-of record) and Saito et al. (US 2009/0199738).
With respect to claim 13, Wakabayashi teaches a method for manufacturing a colored fiber body (“A method for manufacturing a molded product”, Pa [0017]; “Examples of such the component include …a color material, such as a pigment, a dye, and a toner.”, Pa [0068]), the method comprising:
a deposition step of depositing a mixture containing cellulose fibers and a composite body by an airflow (“a deposition step of depositing a mixture including a fiber and a complex”, Pa [0018]; “the fiber is a cellulose fiber”, Pa [0035]; “The defibration unit 13 can generate a flow of air from the coarse crushing unit 12 toward the sorting unit 14, i.e., an airflow, by the rotation of the rotor.”, Pa [0141]; “In the middle of the tube 242, a blower 261 is provided. The blower 261 is an airflow generator that generates an airflow toward the sorting unit 14. Consequently, the sending out of the defibrated substance M3 to the sorting unit 14 is promoted.”, Pa [0143]);
a humidifying step of humidifying the mixture (“a humidification step of humidifying the mixture”, Pa [0018]); and
a molding step of heating and pressurizing the humidified mixture to form a fiber body (“a molding step of heating and pressurizing the humidified mixture to obtain a molded product”, Pa [0018]),
wherein the composite body (“a complex”) includes composite particles which integrally contain a colorant (“a color material”) and a binding material (“binding material”) to have a binding force to bind the cellulose fibers to each other by moisture application (“a complex C10 includes a composite particle C1 in which a binding material particle C2 and an inorganic particle C3 are included as a unit. The binding material particle C2 contains a binding material exerting a binding force for binding individual fibers together by being applied with moisture.”, Pa [0048]; “The binding material particle C2 may include…a color material, such as a pigment, a dye, and a toner.”, Pa [0068]).
Wakabayashi teaches a color material, such as a pigment, a dye, and a toner, but is silent to a biological-derived colorant and a dispersant including sodium lignin sulfonate or decaglyceryl myristate.
In the same field of endeavor, environmentally-friendly compositions and methods for improving production of printed and dyed materials such as textiles, paper goods and packaging, Farmer teaches that the subject invention provides “green” alternatives for chemicals utilized in the inks and processes used for printing and dyeing to reduce water and chemical usage resulting from these processes, as well as reduce wastewater pollution (Pa [0073]), and the colorant is a natural dye (Pa [0093]-[0094]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Farmer and substitute Farmer’s natural dye for Wakabayashi’s color material in order to reduce water and chemical usage as well as reduce wastewater pollution.
Farmer further teaches that the composition can be produced by mixing the colorant with the biological amphiphilic molecule (Pa [0030]), and the biological amphiphilic molecule facilitates the delivery of the colorant to the surface so that fixing can occur, and in certain embodiments, the biological amphiphilic molecule serves one or more of the following purposes: a wetting agent, a solubilizer, a dispersant, an emulsifier, a viscosity modifier, a detergent, and anti-foaming agent, and/or a biocide (Pa [0033]), but is silent to sodium lignin sulfonate or decaglyceryl myristate.
In the same field of endeavor, an aqueous ink-jet ink composition, Saito teaches that an aqueous ink-jet ink composition contains a polyglycerol fatty acid ester to modify the viscosity of the ink composition (Pa [0028]), and the polyglycerol fatty acid ester may be decaglyceryl myristate (Pa [0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Saito and provide decaglyceryl myristate in order to modify the viscosity of the mixture. In the instant specification, decaglyceryl myristate serves as a dispersant for the colorant (Pa [0073], [0077]), thus it meets the limitation.
Wakabayashi further teaches that in particular, starch is a material that suitably exerts a binding force (Pa [0059]), but does not explicitly teach that the composite body includes a plasticizer.
Netravali relates to an enhanced starch resin composition and teaches that the enhanced starch resin composition further comprises a plasticizer (Pa [0051]), without wishing to be bound by any particular theory, it is believed that the addition of a plasticizer increases the strength and rigidity of the composite by reducing the brittleness of the crosslinked starch and in some embodiments, the ratio of starch to plasticizer is 4:1 (Pa [0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wakabayashi with the teachings of Netravali and provide the plasticizer with starch having the ratio of starch to plasticizer being 4:1 in order to increases the strength and rigidity of the composite by reducing the brittleness of the starch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUNJU KIM whose telephone number is (571)270-1146. The examiner can normally be reached on 8:00-4:00 EST M-Th; Flexing Fri.
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/YUNJU KIM/Primary Examiner, Art Unit 1742
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