4
DETAILED ACTION
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
Claims 6-19, 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/16/2026.
Claim Objections
Claims 1-5 are objected to because of the following informalities:
“characterized in that” should be “wherein” or similar.
“have” in claim 4 should be “has”.
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 1-5 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “especially”. It is unclear if the limitation following “especially” is required in the claim or not.
Claim 1 recites the limitation “the fibers”. There is insufficient antecedent basis for this limitation in the claim. The limitation “fibers” has not been previously cited.
Claim 1 recites the limitation “the bamboo lamellae”. There is insufficient antecedent basis for this limitation in the claim. The limitation “a bamboo lamellae” has not been previously cited. It is unclear if it is referring to the plurality of bamboo lamellae or if it is a separate bamboo lamellae.
Claim 2, 5 recite the limitation “optionally”. It is unclear if the limitation following “optionally” is required in the claim or not.
Claim 3 recites the limitation “according to one of the preceding claims,”. It is improper dependent claim. It is unclear if it is dependent upon claim 1 or one of the preceding claims.
All dependent claims of above-mentioned claims inherit all of the limitations of the above-mentioned claims. Thus, the claims are likewise rejected under 35 U.S.C. 112(b) as being indefinite.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best understood, claim(s) 1-3 is/are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Sands (US 20210355673).
Regarding claim 1, Sands discloses bamboo blank (Fig. 1-5: see Fig. 3), especially for the creation of load-bearing structural elements, characterized in that the bamboo blank comprises a plurality of bamboo lamellae (1030a, bamboo slat) arranged side by side parallel to the fibers and bonded together by means of an adhesive (glue), wherein the material for the bamboo lamellae originates from a giant bamboo species (Dendrocalamus giganteus), the bamboo lamellae are bonded to each other by a pressing pressure of 0.05 - 1.5 N/mm2 (product by process. Pressing pressure (process) is not required by the product), and the bamboo lamellae have a thickness of at least 5 mm ([0049] 10mm thickness).
Regarding claim 2, Sands discloses bamboo blank according to claim 1, characterized in that the bamboo lamellae have a width between 20 - 70 mm ([0049] 40 mm in width) and an average length between 1000 - 6000 mm ([0050] 8 feet is 2438mm), wherein the bamboo blank is optionally calibrated at right angles ([0053] rectangular).
Regarding claim 3, Sands discloses bamboo blank according to claim 1, characterized in that the bamboo blank comprises a first and a second bamboo blank (see Fig. 3: multiple slats) according to one of the preceding claims, wherein the first and the second bamboo blanks each have two end faces, wherein the first bamboo blank is joined to an end face of the second bamboo blank by means of a tongue and groove connection ([0053] tongue and groove) with a pressing pressure between 0.05 - 0.3 N/mm2 (product by process. Pressing pressure (process) is not required by the product).
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 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands in view of Hong (US 10500757).
Regarding claim 4, Sands discloses bamboo blank according to claim 1.
Sands fails to disclose that the bamboo lamellae have a wood moisture content of 3 - 12%.
Hong teaches drying the bamboo workpiece to moisture content of 10-18%. (“the rehydrated carbonized bamboo fence is dried at a low temperature of 45-60° C. to reach the moisture content of 10-18%, and a dried carbonized bamboo fence is obtained;”)
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the bamboo lamellae of Sands to have moisture content of 10% as taught by Hong in order to prevent warping, cracking, or shrinking after final product is made.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands in view of Li (CN 109333703).
Regarding claim 5, Sands discloses bamboo blank according to claim 1.
Sands fails to disclose characterized in that the adhesive is a one-component adhesive comprising polyurethane adhesive (PUR) or the adhesive is a two-component adhesive, optionally comprising melamine-urea- formaldehyde adhesive (MV~UF).
Li teaches bamboo veneer production method. Li also teaches that the adhesive for glueing the bamboo panels together is modified urea-formaldehyde resin adhesive or polyurethane moisture-curing adhesive.
It would have been obvious to one having ordinary skill in the art at the time of filing to have replaced the adhesive of Sands with modified urea-formaldehyde resin adhesive or polyurethane moisture-curing adhesive as taught by Li since both adhesive of Sands and Li are well known adhesive to glue the bamboo materials together. See MPEP 2143 Section I (E).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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/BOBBY YEONJIN KIM/Examiner, Art Unit 3725
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