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 .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group 1, claim 1-13 and 18 in the reply filed on 06/05/2026 is acknowledged. The traversal is on the ground that the cited reference does not teach the common technical feature, the formulated plant pellet, as in present claims. This is not found persuasive because, as set forth in the previous office action, the cited reference expressly discloses a formulated plant pellet comprising a plant seed meal and an additive (see office action dated 04/06/2026), which does not require being defibrated as argued. Therefore, the restriction requirement is still deemed proper and is therefore made FINAL. Accordingly, claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1-13 and 18 are currently under examination on the merits. Since the process claims have been found allowable over the prior art of record, the applicant is invited to cancel the non-elected product claims.
Claim Objections
Claim 4 is objected to because of the claim does not properly set forth the amount ranges of each component. When the amount of defibrated lignocellulosic material is 40% and defibrated formulated plant seed pellets is 60% (or 99% and 1%) based on total dry matter of the composite mixture, that is no way add another 0.1% to 20% resin into the composite mixture. Appropriate correction is required.
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.
Claims 5, 8 and 11 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 pre-AIA the applicant regards as the invention.
Claim 5 is rejected as being vague and indefinite when these claims recite "a moisture content comprised between 0% to 20%” because the percentage base is not clear, it could be based on either weight or volume of the total weight or volume of dried composite mixture.
Claim 8 is rejected as being vague and indefinite when these claims recite "at least 40% w/w on dry matter of fibers”, because the percentage base is not clear, it could be based on either total wet weight or total dried weight of the fibrous mix (it is noted that the steaming step during defibrating adding water into the fibrous mixt).
Claim 11 is rejected as being vague and indefinite when these claims recite "at least 40% w/w on dry matter of fibers”, because the percentage base is not clearly presented, it should be based on total weight of the formulated plant seed pellets.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 require the formulated plant seed meal pellets comprising both plant seed meal pellets and additive. The “plant seed meal pellets” as in claim 9 does not include an additive as required. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-4, 6-7, 9-10, 13 and 18 are allowable and claims 5, 8 and 11 would be allowable if rewritten to overcome 112 rejections as set forth above. The reason for the allowance is that the claims are allowable over closest prior art Le Fur et al (US 2023/0135128, ‘128 hereafter). ‘128 discloses a process for manufacture of a lignocellulosic fiber-based composite material comprising the steps of providing a lignocellulosic material and providing plant seed pellets (Fig. 2 and Fig. 3, [0026]-[0029], Examples); defibrating the lignocellulosic material and defibrating the plant seed pellets, which obtains a fibrous mix comprising the defibrated lignocellulosic material and the defibrated plant seed pellets (Fig. 2 and Fig. 3, [0026]-[0029]); blending the fibrous mix with a resin to form a composite mixture (Fig. 1, [0019]-[0021]); and curing the composite mixture, thereby forming the lignocellulosic fiber-based composite material (Fig. 1, [0019-[0012]). However, 128 does not disclose or fairly suggest the plant seed pellets are formulated plant seed pellets comprising a plant seed material and at least one additives.
Relevant Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Taverne-Veldhuizen et al (EP 0976790, ‘790 hereafter). ‘790 discloses a formulated plant seed pellets including a plant seed material such as soy meal, sunflower meal or coca shell and at least one additives ([0030]-[0032], [0034], [0036]-[0039], Examples 1 and 3, Table 2, normal die having strand forming holes is used to make granulates (pellets) by cutting the strand into a desired length).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUIYUN ZHANG whose telephone number is (571)270-7934. The examiner can normally be reached on 8:00-5:00 PM.
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782
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