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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/07/2026 has been entered.
Response to Amendment
This office action is in response to the Amendment filed on 4/07/2026. Claim 18 has been cancelled. Claims 1-7, 9-11, 24-26 and 28 have been withdrawn with traverse in the reply filed on May 13/2025. Claims 1-7, 9-11, 13-17, 19, 21-26 and 28 are pending in this application.
The objection of claim 13 set forth in the Office Action dated 10/08/2025 are WITHDRAWN due to Applicant's responsive amendments.
The rejections of the claims under 35 USC 102 and 35 USC 103 over Pulikkalparambil et al. in the Office Action dated 10/08/2025 are WITHDRAWN due to Applicant's responsive amendments and arguments.
The double patenting rejections of claims 13, 18 and 22 over claims 15, 22 and 26 of copending Application No. 18/699,343 are MAINTAINED.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 13 and 22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15, 22 and 26 of copending Application No. 18/699,343 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of the copending application teach a biocomposite comprising a blend or mixture of 30-99.5 wt.% of PBAT, 0.5-60 wt. % of hemp residue with all the features of instant claim 13 and optionally 0.1-50 wt.% of PBAT grafted with a compatibilizer, wherein the content of hemp residue overlap with the content of hemp of instant claim 13 and both claim sets teach the mixture is heated.
Additionally, Claims 22 and 26 of the copending application recite all the limitations of instant claims 13 and 22, including the hemp residue particle dimensions and the processing agent.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claim 14-17, 19, 21 and 23 are objected to as being dependent upon a rejected base claim (NSDP of claim 13). Claim 13 would be allowable after the double patenting rejection is addressed.
The following is a statement of reasons for indication of allowable subject matter of claim 13:
Regarding claim 13, Pulikkalparambil et al. (AIMS Materials Science, 4(3): 814-831, 2017) teach a biocomposite comprising poly(butylene adipate-co-terephthalate (PBAT) and different percentages of hemp or Si-hemp fiber (abstract and introduction, figure 1). Pulikkalparambil et al. further teach a content of the hemp fibers of 2%, 5% 10% and 20% (paragraph 2.3, Fig.3), 0.05-1 wt.% of carbon nanofibers and 50-200 ppm of Ag-Nps. Additionally, Pulikkalparambil et al. teach the fibers are grinded and sieved using an 80 mesh sieve (numeral 2.2, p.816). Pulikkalparambil et al. teach the diameter of the untreated fiber is 40 µm and the treated fiber is 30 µm (numeral 3.1, p.818, Fig. d, e, p.819).
However, Pulikkalparambil et al. do not teach or fairly suggest the biocomposite comprising a combination of PBAT and a hemp residue comprising, in particular hemp hurd and optionally bast fibers, wherein the hemp residue comprises particles having a specific combination of length, width and aspect ratio as recited in the instant claim. It is noted that the composition of the hemp hurd is different than the composition of the hemp fibers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLGA L. DONAHUE whose telephone number is (571)270-1152. The examiner can normally be reached M-F 8:00-5:00.
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/OLGA LUCIA DONAHUE/Examiner, Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763
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