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 .
DETAILED ACTION
Election/Restrictions
Applicant's election without traverse of Group 1 and Species IA, claims 1 and 6-12 in the replies filed on 05/12/2026 and 09/08/2026 is acknowledged. Accordingly, claims 2-5 and 13-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1 and 6-12 are currently under examination on the merits.
Claim Objections
Claim 8 is objected to because of the following informalities: “0:0.5:10” should read “0.5:10”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
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, 6-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (US 2006/0292366, ‘366 hereafter).
Regarding claims 1, 6-9 and 11, ‘366 discloses a method of preparing a bonding resin composition comprising mixing an aqueous solution of lignin and a furfural alcohol ([0020], [0041], Examples), wherein the lignin is not chemically modified with a content being higher than 5% by weight and the weight ratio satisfying present claim 8 ([0037]-[0039]). The composition may contain surfactant or other additives but not epoxy-based crosslinker being used ([0052]).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-12 under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bartnik Johansson et al (WO2021197637, of record; US 20230174731, ‘731 hereafter, from the same patent application family, is cited in this office action).
Regarding claims 1 and 6-12, ‘731 discloses a method of preparing a bonding resin composition comprising mixing an aqueous solution of lignin and a crosslinking agent which can be a hydroxymethyl furfural ([0012]-[0026], [0031]-[0043], [0077], Binder example 1), wherein the lignin can be with or without chemical modification, and oxidation can be applied to increase lignin hydroxy content ([0050]-[0071], [0292]-[0300], carboxylic acid also contains hydroxyl group) with a content being higher than 25% by weight and the weight ratio satisfying present claim 8 ([0070], [0106]). The composition may also contain plasticizer or other additives ([0115]-[0150], [0171]-[0175], [0197]-0207]), and epoxy-based crosslinker having 3 or more epoxy group can also being used ([0079], [0101], [0107]-[0108]), satisfying present claim 12.
Relevant Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Allais et al (US 2018/0002225). Alais discloses a method of making an aqueous binder composition comprising an ammonium lignosufonic acid and a carbonyl compound being hydroxymethyl furfural ([0018]-[0035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUIYUN ZHANG whose telephone number is (571)270-7934. The examiner can normally be reached on 8:00-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arron Austin can be reached on 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782
