Detailed Office Action
The communication dated 3/5/2024 has been entered and fully considered.
Claims 1-12 are pending.
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 .
Response to Arguments
In light of amendment the objections have been withdrawn.
The 112(b) rejections to claims 7-12 are maintained regarding the 112(b) rejections regarding the invocation of 112(f). The other 112(b) rejections to claims 7-12 have been withdrawn.
Additionally, while the applicant overcame some of the 112(b) rejections for claims 1-6 the applicant did not overcome all of them. The Examiner provides suggested language to overcome the rejections of claims 1-6 below:
A method for producing a chemi-thermomechanical fibrous pulp from non-wood plant raw materials, the method comprises steps of:
preliminary preparing raw materials comprising at least separating the raw materials from inclusions devoid of plant fibers to produce separated raw materials and shredding the separated raw materials to produce shredded raw materials,
chemi-thermomechanical treating the shredded raw materials comprising at least plasticizing, softening thereof to produce plasticized and soft raw materials and delignifying the plasticized and soft raw materials to produce a semi-fibrous and partially delignified pulp,
grinding the semi-fibrous and partially delignified pulp to produce the chemi- thermomechanical fibrous pulp,
wherein
the preliminary preparation of the raw materials further comprises pressing the shredded raw materials,
the plasticizing and softening of the shredded raw materials is performed by their mechanical rubbing and treating with a pressurized heated vapor,
the delignifying of the plasticized and soft raw materials is performed by their pressurized mixing at a pressure of at least 3.5 atmospheres (gauge) at a temperature from 70 to 120°C in a presence of an alkali metal hydroxide in a form of a solution or an aerosol having an alkali concentration of 3% by weight at most, and
the grinding is performed in a presence of acetic acid of a concentration of 3% by weight.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The Examiner gives patentable weight to the term “non-wood plant” of the preamble as it breathes life into the remainder of the claim. The CTMP process is typically used to treat wood. The closest prior art GB121,847 discloses that tree leaves after separating the ribs can be used to make paper pulp with chemical pulping at 5% and 10% caustic soda (NaOH) concentration. Likewise, U.S. 2013/0248760 states that TMP can be used on leaves [0093] but does not disclose the CTMP process of the claims. WO 2014/160262 discloses pulping of cellulosic waste including leaves and grass but does not disclose the pulping process of instant claim 1.
Claims 7-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The closest prior art SMOOK discloses CTMP pulping in general including a screening stage (separation tool); atmospheric preheating with vapor heating, a plug-screw, a chemical addition to an impregnator, and two refiners. SMOOK failed to disclose the shredding after screening tool and the pressing tool after the shredder tool along with the high concentration hydro-pulper prior to the at least one refiner.
112(f) interpretation
The Examiner uses the three-prong test as described in MPEP to determine if a limitation should be treated under 112(f) [MPEP 2181 (I)].
In claim 7:
“A separation tool to separate” is interpreted under 112(f) as the recitation uses the nonce word “tool”, is modified by the functional language “to separate” and does not recite additional sufficient structure. The Examiner interprets this tool as linked to “a drum separator” and equivalents thereof.
“A high-pressure chemi-thermomechanical chamber that is configured to change a temperature and a pressure” is not interpreted under 112(f) as the examiner does not find “high-pressure chemithermomechanical chamber” to be a nonce word and therefore does not meet the first prong of the test.
“A feeding tool for feeding” is interpreted under 112(f) as the recitation uses the nonce word “tool”, is modified by the functional language “for feeding” and does not recite additional sufficient structure.
In claim 11:
“A water spraying tool for spraying” is interpreted under 112(f) as the recitation uses the nonce word “tool”, is modified by the functional language “for feeding” and does not recite additional sufficient structure.
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 1-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 the applicant claims “3.5 atms”. It is not clear if this as a gauge or atmospheric pressure. For the purpose of examination the Examiner interprets it as a gauge pressure
Claim 1 recites the limitation "the separated raw materials" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the preliminary prepared raw materials" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the plasticized raw materials" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the shredded raw materials" in line 12-13. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the preliminary prepared leaves” in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the plasticized and soft raw material” in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 depend from claim 1 and are similarly rejected.
Claim limitation “a feeding tool for feeding” of claim 7 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The applicant does not disclose any structure in the claim what this tool is (for the purpose of examination the Examiner interprets the tool as piping with a control valve). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a water spraying tool for spraying” of claim 11 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The applicant does not disclose any structure in the claim what this tool is (for the purpose of examination the Examiner interprets the tool as a nozzle). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 8-12 depend from claim 7 and are similarly rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J CALANDRA whose telephone number is (571)270-5124. The examiner can normally be reached Monday-Friday 7:45 AM -4:15 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571)270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANTHONY J. CALANDRA
Primary Examiner
Art Unit 1748
/Anthony Calandra/Primary Examiner, Art Unit 1748
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