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 .
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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 – 5, 7 and 9 - 11are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1375592 A1 to Tokiwa et al. hereinafter “Tokiwa”.
Tokiwa is directed to novel biodegradable polylactide resin compositions [0001].
Regarding claims 1 – 4, 7 and 9 – 11, Tokiwa teaches a composition at Example 5 comprising poly-L-lactic acid, casein and talc which were mixed at a ratio of 96 : 2 : 2 by weight [0045]. The mixture was made into a sheet [0045]. A sheet is a molded article. Tokiwa states that products formed from the polylactide resins rapidly degrade and disappear in nature such as soil or water and through the activities of microorganisms (bacteria or enzymes) without generating harmful substances [0030]. Accordingly, they can be buried in soil or compost, or poured in water in the ground after use for their disposal [0039].
As to claim 5, Tokiwa teaches that the polylactide resin compositions of the present invention can be used for various applications such as materials for fisheries such as fish nets, laver nets, fishing lines or fishing bait bags [0038]. Fishing nets and fishing lines contact sea water. Additionally, a laver net is a specialized aquaculture net used to grow seaweed. Seaweed grows in contact with sea water.
Claim Rejections - 35 USC § 103
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.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over EP 1375592 A1 to Tokiwa et al. hereinafter “Tokiwa”.
Tokiwa is directed to novel biodegradable polylactide resin compositions [0001].
For the limitations of the independent claim refer to paragraph 6 supra.
Regarding claim 5, Tokiwa teaches that the polylactide resin compositions of the present invention can be used for various applications such as materials for fisheries such as fish nets, laver nets, fishing lines or fishing bait bags [0038]. Fishing nets and fishing lines contact sea water. Additionally, a laver net is a specialized aquaculture net used to grow seaweed. Seaweed grows in contact with sea water.
Therefore, it would have been obvious to one of ordinary skill to use the compositions of Tokiwa in sea water based on its use in fish nets, laver nets, fishing lines or fishing bait bags.
Prior Art of Record
NPL titled The preparation of fully bio-based flame retardant poly(lactic acid) composites containing casein, Zhang et al., Journal of Applied Polymer Science, 2018, 46599.
JP 2010280758 A to Fukunga et al.
JP 2004018681 A to Tokiwa et al.
Conclusion
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PAS 7/11/26
/PETER A SALAMON/Primary Examiner, Art Unit 1759
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