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 .
Claim Rejections - 35 USC § 112
Claims 1-23 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.
Claim 1 recites “A composite molded article (C)…an area under a stress-strain curve of the composite molded article (C) (AUC1) being at least two times an area under a stress-strain curve of a melt-molded article (D) having the same composition as that of the composite molded article (C) (AUC2)”. The claim is indefinite because it is not clear what the difference is between composite molded article (C) and melt-molded article (D) or how or why the AUC1 differs from the AUC2 given that the two articles comprise the same composition. Dependent claims are rejected for the same reasons. If Applicant were to put the limitations of claim 2 into claim 1, the examiner would withdraw the rejection because the limitations clarify that the composite molded article (C) undergoes further processing to provide a difference between the two articles.
Claim 2 recites several molding processes modified by the term “warm” (e.g., “warm-sheared molded articles”). The term “warm” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what temperatures are encompassed by “warm” or whether there is a difference between “warm” and “hot”. Dependent claims are rejected for the same reasons.
Claims 11-14 and 23 also use the term “warm”. The term “warm” is a relative term which renders the claim indefinite for the reasons described above regarding claim 2. Dependent claims are rejected for the same reasons.
Claim 14 recites the limitation "the melt-molded article (D)" in each of lines 12, 16, and 18-19. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, each instance of "the melt-molded article (D)" is interpreted to refer to the “injection-molded article (E)” described in line 7 of the claim.
Claim Rejections - 35 USC § 102
Claim(s) 1-5, 7-12, 14-17, and 19-22- is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harm (KR 101889224 B1) as evidenced by Nissenbaum et al. (US 2016/0257098).
Note: citations refer to the machine translation of KR ‘224 provided with this Office Action.
Regarding claims 1, 8, and 20:
Harm discloses a resin composition and a molded product formed therefrom [abstract; 0001; 0030]. The composition comprises polylactic acid (thermoplastic), polycaprolactone (thermoplastic), and cellulose nanoparticles [0010]. After melt-molding (e.g., injection molding), the molded product can undergo further molding at low temperatures [0028-0032; 0035; 0083-0085].
Harm is silent with regard to an AUC1 relative to an AUC2 as presently claimed. The present specification, however, discloses the effects of the present invention flow from the use of the claimed materials in a process wherein the materials are first injection molded and then undergo a secondary molding/shaping process (see, e.g., the Examples beginning at [0066] on p28). In view of Harm’s disclosure of the same materials and the same process of initially molding the material and further a secondary molding process, the examiner submits the molded product of Harm meets the claimed property requirements.
Regarding claim 2:
Harm teaches the secondary molding can be conducted at 50-85°C, which is considered to be encompassed by the term “warm”. Harm teaches conventional molding techniques such as extrusion, blow molding, injection molding, etc. that use shearing, compression, stretching, etc. [0084].
Regarding claims 3 and 15:
Harm is silent with regard to the claimed property requirements. In view of Harm’s disclosure of the same materials and the same process of initially molding the material and further a secondary molding process as explained above, the examiner submits the molded product of Harm meets the claimed property requirements.
Regarding claims 4 and 16:
Harm is silent with regard to the claimed property requirements. In view of Harm’s disclosure of the same materials and the same process of initially molding the material and further a secondary molding process as explained above, the examiner submits the molded product of Harm meets at least one of the claimed property requirements.
Regarding claims 5, 7, 10, 17, 19, and 22:
Harm teaches the cellulose nanoparticle comprise particles (powders), fibers, or nanocrystals [0043-0050]. The nanofiber can have a diameter (minor axis) of 5-100 nm [0048]. The nanocrystals have a diameter (minor axis) of 2-20 nm [0048]. The amount of nanoparticles is 1-10 parts by weight [0050].
Regarding claims 9 and 21:
Harm teaches an inorganic filler [0055-0059].
Regarding claims 11 and 14:
Harm discloses a resin composition and molded product as previously explained. The reference teaches kneading the components in an extruder (melting a composition), followed by melt-molding the composition including injection molding, and subsequently molding the product at a low temperature (warm-forming) [0076-0085]. Harm teaches conventional molding techniques such as extrusion, blow molding, injection molding, etc. that use shearing, compression, stretching, etc. [0084].
Harm is silent with regard to an AUC1 relative to an AUC2 as presently claimed. The present specification, however, discloses the effects of the present invention flow from the use of the claimed materials in a process wherein the materials are first injection molded and then undergo a secondary molding/shaping process (see, e.g., the Examples beginning at [0066] on p28). In view of Harm’s disclosure of the same materials and the same process of initially molding the material and further a secondary molding process, the examiner submits the molded product of Harm meets the claimed property requirements.
Regarding claim 12:
Harm teaches the resins are crystalline [0038; 0042; 0053]. The secondary molding can be conducted at temperatures in the range of 50-85°C [0085]. This temperature range is lower or encompasses temperatures that are lower than the melting points of polylactic acid (PLA - 156°C) and polycaprolactone (PCL - 61°C). See Table 1a on page 22 of Nissenbaum for evidence of the melting points.
Claim Rejections - 35 USC § 103
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harm (KR 101889224 B1) in view of Yano et al. (US 2015/0105499).
Regarding claim 6 and 18:
Harm discloses a composite as previously explained. The cellulose nanoparticles comprise particles (powders), fibers, or nanocrystals [0043-0050].
Harm is silent with regard to the hydroxyl groups of the cellulosic material being modified.
Such materials were known in the art to have utility. For example, Yano discloses microfibrillated (to a nanosize) plant fiber, including cellulose, modified with alkyl or alkenyl succinic anhydride to provide improved dispersibility and mechanical strength [abstract; 0012; 0013; 0049-0050]. The anhydride is reacted with the hydroxy groups of the cellulose [0069]. The fibers are useful with polyesters [0017-0018; 0021].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the cellulose nanoparticles of Harm as taught by Yano to provide improved dispersibility and mechanical strength.
Claim(s) 13 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harm (KR 101889224 B1).
Regarding claims 13 and 23:
Harm discloses a composite as previously explained.
Harm is silent with regard to a relative thickness of the secondary molded article and the initially molded article. Harm teaches however the molded articles can be used in a wide variety of applications [0086]. One of ordinary skill in the art would have been motivated to provide any number of decorative and utilitarian choices to provide products across such a range of applications, including the choices of physical dimensions such as thickness. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the relative thickness of the secondary molded article, including over a thickness resulting in a relative thickness within the claimed range, to provide the physical dimensions desired for a given end use of the secondary molded article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D FREEMAN whose telephone number is (571)270-3469. The examiner can normally be reached Monday-Friday 11-8PM EST.
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787