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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1 – 10, in the reply filed on 5/8/26 is acknowledged. The traversal is on the ground(s) that the combination of Kulman and Kirboga does not teach a biodegradable, thermoplastic biopolymer and an inorganic or organic salt. This is not found persuasive because Kulman alone comprises poly(3-hydroxybutyrate-co-3-hydroxyvalerate and calcium carbonate. This are both claimed components. See claims 6 and 7.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 3 is 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. It is unclear how a degradation rate can be specified without the corresponding temperature.
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.
Claim(s) 1, 5, 6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190263557 A1 to Kulman, David K. hereinafter “Kulman” and as evidenced by the NPL titled Biodegradation behavior of poly(3-hydroxybutyrate-co-3-hydroxyvalerate) containing phenol compounds in seawater in laboratory testing conditions, Arias et al., Science of the Total Environment, 944, 2024, 173920.
Kulman is directed to a complete whole-egg replacement that has extended shelf life [0005].
Regarding claims 1, 5, 6, 9 and 10 Kulman teaches that the material of the shell is a biodegradable, oxo-degradable materials including calcium carbonate [0031]. The shell have an average wall thickness from about 0.2 mm to 0.59 mm [0024].
Claim(s) 1, 2 – 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the NPL titled Oxygen Barrier and Thermomechanical Properties of Poly(3-hydroxybutyrate-co-3-hydroxyvalerate) Biocomposites Reinforce with Calcium Carbonate Particles, Kirboga et al., Acta Chim.Sloy.,2020, 67, 137-150 hereinafter “Kirboga” and as evidenced by the NPL titled Biodegradation behavior of poly(3-hydroxybutyrate-co-3-hydroxyvalerate) containing phenol compounds in seawater in laboratory testing conditions, Arias et al., Science of the Total Environment, 944, 2024, 173920 hereinafter “Arias”.
Kirboga is directed to preparing Poly(3-hydroxybutyrate-co-3-hydroxyvalerate) biocomposites incorporating various percentages of calcium carbonate (Abstract).
Regarding claims 1, 2 – 7 and 9, Kirboga teaches at Table 1 two compositions comprising Poly(3-hydroxybutyrate-co-3-hydroxyvalerate) with 1% and 3% calcium carbonate. Poly(3-hydroxybutyrate-co-3-hydroxyvalerate) is a polyhydroxyalkanoate copolymer. Calcium carbonate comprises carbonate. The thickness of a sheet sample was 0.8mm (pg. 140, left column, first paragraph).
As to claim 3, Arias shows that the % biodegradation of poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV) at 160 days is approximately 90 %.
Claims 1, 2, 4, 5, 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6174330 B1 Stinson, Jonathon, S. hereinafter “Stinson”.
Stinson is directed to a bioabsorbable marker having radiopaque constituents (1: 4 – 10)).
Regarding claims 1 and 8, Stinson teaches a composition comprising 10% barium sulfate in PLLA (6: 30 – 41).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER A. SALAMON whose telephone number is 571-270-3018. The examiner can normally be reached M-F: 9AM - 6PM.
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PAS 6/26/26
/PETER A SALAMON/Primary Examiner, Art Unit 1759
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