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 .
Election/Restrictions
Applicant’s election of Group I, claims 1 and 3, in the reply filed on September 8, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on April 13, 2023. It is noted, however, that applicant has not filed a certified copy of the foreign application as required by 37 CFR 1.55.
Response to Amendment
Applicant’s amendment to the claims filed September 8, 2025 has been entered. Claims 2 and 4 have been canceled. Claims 1 and 3 are pending and under examination.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yao (US 2013/0072599).
Regarding claims 1 and 3, Yao teaches an injection molding pellet that is applied for injection molding, wherein a base material of the injection molding pellet is a polylactic resin; and wherein the base material is mixed with wood grains with a grain size that does not exceed 50 um (claim 1) or 30 um (claim 3) (Abstract; paragraphs [0005], [0006], [0025], [0036]-[0039], [0074], [0092], [0102], [0106], [0121], Table 1, Material 7; Example 9).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2009/0324917).
Regarding claims 1 and 3, Wang et al. teach an injection molding pellet that is applied for injection molding (note: Wang et al. do not utilize their pellet for injection molding. However, this is an intended use limitation and the pellet of Wang et al. would be capable of being used in a generic injection molding process absent further structural specificity), wherein a base material of the injection molding pellet is a polylactic resin; and wherein the base material is mixed with wood grains with a grain size that does not exceed 50 um (claim 1) or 30 um (claim 3) (Abstract; paragraphs [0002], [0023]-[0029], [0047] – wood powder with a size of 2-6 um, for example; [0054], [0055]).
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.
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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Merrington et al. (WO 2015/048589).
Regarding claims 1 and 3, Merrington et al. teach an injection molding pellet that is applied for injection molding, wherein a base material of the injection molding pellet is a polylactic resin; and wherein the base material is mixed with wood grains with a grain size that overlaps the claimed grain size of not exceeding 50 um (claim 1) or 30 um (claim 3) (page 2, lines 23-30, page 6, lines 13-24, page 8, lines 17-31; claims 3 and 4). Overlapping ranges are prima facie obvious.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu (US 2012/0094109).
Komatsu teaches an injection molding pellet that is applied for injection molding, wherein a base material of the injection molding pellet is a polylactic resin; and wherein the base material is mixed with wood grains with a grain size that overlaps the claimed grain size of not exceeding 50 um (claim 1) or 30 um (claim 3) (Figure 2; paragraphs [0011], [0021], [0023], [0024], [0037] - PLA, [0038], [0052] – form of a pellet prior to injection molding). Overlapping ranges are prima facie obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeff Wollschlager whose telephone number is (571)272-8937. The examiner can normally be reached M-F 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at 571-272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY M WOLLSCHLAGER/Primary Examiner, Art Unit 1742