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 .
Claim Objections
Claim 15 is objected to because of the following informalities: A period is required at the end of each claim. 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 17 and 19 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.
Regarding claim 19, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Applicant is advised to amend the claim.
Claims 17 and 19 recited “selected from”. In order to recite a proper markush claim, it is advised to recite “selected from the group consisting of”.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martinez-Pardo (Thermoplastic starch-nanohybrid films with polyhedral oligomeric silsesquioxane, Carbohydrate Polymers, Volume 173, 2017, Pages 170-177).
Regarding claims 1 and 6-7, Martinez-Pardo teaches a starch-POSS additive comprising a starch that is at least 30% by weight of amylose (80% is taught) and POSS coupled to the starch (Abstract, polyhedral oligomeric silsesquioxane (POSS). POSS modified thermoplastic starch increased water resistance of TPS film.) comprising: a starch that is at least 30% by weight amylose (Pg. 171, Col. 2, 2.1. Materials, Pre-gelatinised hydroxypropylated corn starch (PenfordTM A939) was used as the starch.
Regarding claim 2, Martinez-Pardo discloses the starch-POSS additive of claim 1, wherein the POSS is covalently linked to the starch through an amide, an ether, a silanol, an acrylate, or an ester (Abstract; Pg. 171, Col. 2, 2.1. Materials; Pg. 172, Col. 1, 2.4.-Col. 2, 2.4.1.;
Fig. 1, i.e., the starch will bond to the POSS via the epoxy group forming an ether linkage).
Regarding claims 3-5, Martinez-Pardo discloses the starch-POSS additive of claim 1, wherein the POSS comprises an epoxy group and is a T8 POSS and the starch-POSS comprises fewer than 8 epoxy groups (Abstract; Pg. 172, Col. 1, 2.4.-Col. 2, 2.4.1.; Fig. 1; Pg. 171, Col. 2, 2.1. Materials, epoxy-POSS).
Regarding claims 8-11, Martinez-Pardo teaches a starch-POSS additive that possesses the claimed IR peaks at the claimed peaks [Figure 3a-d] . It is noted the claim language recites “about” and Martinez-Pardo reads on the claimed “about ranges.
Regarding claims 12-13, Martinez-Pardo teaches POSS in the claimed amount (Pg. 171, Col. 2, 2.1).
Regarding claims 14-15, Martinez-Pardo teaches (based upon page 172) the claimed amount of carbon (~44%), oxygen (~44%) and silicon (~4.5%). This is based upon calculation and would be within the 20+/- margin of “about” with elemental analysis.
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.
Claims 12-13, 16-19 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Martinez-Pardo (Thermoplastic starch-nanohybrid films with polyhedral oligomeric silsesquioxane, Carbohydrate Polymers, Volume 173, 2017, Pages 170-177) in view of Khemani et al. (PG Pub. 2017/0283579).
Regarding claims 12-13, In the alternative, Khemani et al. teach composite material with the claimed amount of POSS [table 6] in order to make composite material for packaging. It would have been obvious to one of ordinary skill in the art to use the amount of POSS of Khemani et al. in Martinez-Pardo in order to make composite material for packaging and arrive at the claimed invention.
Regarding claim 16-19, Martinez-Pardo is silent regarding the claimed composite material. However, Khemani et al. teaches a composite comprising a polymeric material (e.g. polyester which his thermoplastic) [0019] and starch POSS dispersed in the polymeric material in order to improve mechanical and functional properties. It would have been obvious to use the composite with polymeric material of Khemani et al. with the starch-POSS of Martinez-Pardo and arrive at the claimed invention.
Regarding claim 38, Martinez-Pardo teaches the claimed amylose content, but is silent regarding the claimed method. However, Khemani et al. teaches A method of making a starch-POSS material, the method comprising combining a starch and a POSS comprising at least a linking group in the presence of a catalyst and a solvent to form a starch-POSS material, and isolating the starch-POSS material Para. [0041], 3 parts by weight of the glycidyl isobutyl POSS formulation and 10 parts by weight of starch were dissolved in dimethyl sulfoxide solvent. 10 mg of aluminum triflate catalyst was added in the mixture, and the reaction was refluxed for one hour at 80°C.; Para. [0042], Nanomaterial dispersion was obtained by magnetically stirring for about 10 minutes a 5% alcoholic solution of PVP-K90 and the grafted nanomaterial.) in order to provide composite material with improved rheological properties and mechanical properties. It would have been obvious to one of ordinary skill in the art to use the process of Khemani et al. in Martinez-Pardo in order to improve rheological and mechanical properties and arrive at the claimed invention.
Prior Art Not Used But Relevant
PG Pub. 2011/0120940 teaches polymeric films made from polyhedral oligomeric silsesquioxane (POSS) and a hydrophilic comonomer.
Conclusion
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/Shawn Mckinnon/ Examiner, Art Unit 1789
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