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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-15 and 27 in the reply, filed on 01/07/2026, is acknowledged. Claims 16-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation of “the steps of” in 2nd line. It is clear the limitation refers to steps followed under “a method for extruding wood pellets”. However, “the” prior to “steps” needs to be removed for the purpose of the claim language consistency.
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 1-15 and 27 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 “pieces of wood” in 5th line. However, prior to the cited limitation, claim 1, in 3rd line, already defines “pieces of wood” and it is not clear if the latter citation in 5th line refers to a new limitation or refers to previously cited limitation.
Claim 1 recites “wood pellets” in 7th line. However, prior to the cited limitation, claim 1, in 1st line, already recites “wood pellets” and it is not clear if the latter citation in 7th line refers to a new limitation or refers to previously cited limitation.
Claim 2 recites the phrase “such as a fluid” that 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).
Claim 3 recites the phrase “thanks to the kneading elements of the extruder” that 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).
Claim 4 recites the limitation of “the axis of the screws of the extruder” in 4th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation in 4th line, neither claims 1 or 4 discloses “an axis of the screws of the extruder”.
Claim 7 recites the limitation of “the axis of the screws of the extruder” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation in 2nd line, neither claims 1 or 7 discloses “an axis of the screws of the extruder”.
Claim 8 recites the limitation of “the outlet of the die” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation in 2nd line, neither claims 1 or 8 discloses “an outlet of the die”.
Claim 8 recites the phrase “particularly” that renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 12 recites the limitation of “the output of step (b)” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation in 3rd line, neither claims 1 or 12 discloses “an output of step (b)”.
Claim 13 recites the limitation of “the output of step (b)” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation in 2nd line, neither claims 1 or 13 discloses “an output of step (b)”.
Claim 27 recites the limitation of “the order of 55%” in 2nd line which renders the claim vague and indefinite because the phrase appears to be run-on grammatically. Does the claim tend to recite “content of greater that 55%”. Clarification is required.
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.
Claims 1-8 and 13-15 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Kikuchi et al. (WO 2011/136273), all the citations in the body of the following rejections relies on English Translation of Kikuchi et al. (WO 2011/136273).
As to claim 1, Kikuchi et al. (WO ‘273) discloses a method for extruding wood pellets (see claim 1), wherein the method comprises at least the steps of:
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(a) providing pieces of wood (¶ [0008]: wood flour is the other major component of wood molding materials);
(b) grinding (¶ [0008]: crushing waste materials using a crusher, cutter) and partially drying (¶ [0011]: the wood flour is preferably dried before blending with other raw materials), in a twin-screw extruder (¶ [0027]: a screw-type extruder 42 that melts and kneads and extrudes the raw material) including at least shear generating elements (¶ [0031]: the two screws 42b has a function of promoting heat generation and melting the resin by applying shearing force to the material), pieces of wood to obtain wood particles having a reduced water content compared to the pieces of wood (¶ [0011]);
(c) compressing the particles (¶ [0161] and ¶ [0163]) and shaping in at least one die (die nozzle 43, ¶ [0013]) to obtain wood pellets (¶ [0023] - ¶ [0024]).
As to claim 2, Kikuchi et al. (WO ‘273) disclose the step (a) of wood comprises only providing pieces of wood as is without the addition of an additive. (¶ [0008] discloses wood flour is the other major component of wood molding materials. As it has been concluded no additive is introduced.)
As to claim 3, Kikuchi et al. (WO ‘273) teach the shear generating elements comprise kneading elements (¶ [0011]), the grinding of step (b) being carried out by applying a shear force to the pieces of wood (¶ [0031], ¶ [0033], and ¶ [0066]).
As to claim 4, Kikuchi et al. (WO ‘273) disclose the shear generating elements (¶ [0031], ¶ [0033], and ¶ [0066]) comprise at least one reverse screw pitch element (¶ [0031]), and wherein during the grinding of step (b), the pieces of wood are concomitantly moved along an axial direction, relative to the axis of the screws of the extruder, but retained by the at least one reverse screw pitch element.
As to claim 5, Kikuchi et al. (WO ‘273) disclose during step (b), the partial drying is carried out by using heat generated by the grinding to a temperature of at least 100° C. (¶ [0032]: …introduced at a temperature of 170 ̊C. to 250 ̊C., preferably 200 ̊C. to 230 ̊C)
As to claim 6, Kikuchi et al. (WO ‘273) teach step (b) comprises at least one phase of discharging water extracted from the wood fibers, outside the extruder (a screw-type extruder 42).
As to claim 7, Kikuchi et al. (WO ‘273) discloses the compression step (c) is carried out by applying a radial compression force, relative to the axis of the screws of the extruder (a screw-type extruder 42, ¶ [0134], ¶ [0161], and ¶ [0163]), so as to push the wood particles along a substantially radial direction (see ¶ [0027]), relative to the axis of the screws of the extruder (a screw-type extruder 42), in the at least one die (die nozzle 43, ¶ [0027]) to form at least one extruded strand and obtain, after cutting, the wood pellets.
As to claim 8, Kikuchi et al. (WO ‘273) teaches a step (d) of final drying of the wood pellets at the outlet of the die (¶ [0095]), including a moisture content of less than 12%. (¶ [0095]: it is preferable to dry the composite pellets until the water content becomes 0.2 mass% or less)
As to claim 13, Kikuchi et al. (WO ‘273) disclose the wood particles obtained at the output of step (b) has an ovoid shape. (See figs. 7-13)
As to claim 14, Kikuchi et al. (WO ‘273) teach steps (a) and (b) are repeated several times with the same pieces of wood and particles, before moving on to step (c).
As to claim 15, Kikuchi et al. (WO ‘273) disclose in step (a), pieces of wood derived from softwoods, or pieces of wood derived from hardwoods, or pieces of wood derived from a mixture of softwoods and hardwoods, are provided. (see ¶ [0008])
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 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 non-obviousness.
Claim(s) 9-12 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi et al. (WO 2011/136273) in view of Ryu (KR 101007651), all the citations in the body of the following rejections relies on English Translations of Kikuchi et al. (WO 2011/136273) and Ryu (KR 101007651).
Kikuchi et al. (WO ‘273) disclose all the process steps of a method for extruding wood pellets, as it was discussed above.
Further, Kikuchi et al. (WO ‘273) disclose it is preferable to dry the composite pellets until the water content becomes 0.2 mass% or less (¶ [0095]), however, fail to disclose a step to obtain wood pellets with moisture content comprised between 7% and 10%, as claimed in claim 9, and further, to obtain wood pellets with a moisture content of less than 12% and a density of at least 0.8, as claimed in claims 10-11, and also further, fail to disclose the pieces of wood have a moisture content greater than 55%, and the wood particles obtained at the output of step (b) have a moisture content between 30% and 35%, as claimed in claims 12 and 27.
In the analogous art, Ryu (KR ‘651) disclose a producing method of a pellet for fuel using wooden materials and timber comprises the following steps: preparing raw materials with the similar chemical and physical properties; crushing the raw materials using a crusher; drying the crushed materials using a hot air supplying device; removing foreign materials inside the dried materials using a foreign material collector; drying the materials again; selectively separating the materials; and cooling the pellet formed by compressing the materials. (See the abstract)
As to claim 9, Ryu (KR ‘651) discloses a step is parameterized to obtain wood pellets with moisture content comprised between 8% and 10%. (¶ [0014]: drying step of drying to have a 12% and a water content by the step using a 8-12% dry material was dried)
As to claim 10-11, Ryu (KR ‘651) discloses a step of obtaining wood pellets with a moisture content of less than 12% and a density of at least 0.8. (¶ [0014]: drying step of drying to have a 12% and a water content by the step using a 8-12% dry material was dried and ¶ [0037] - ¶ [0038])
As to claims 12 and 27, Ryu (KR ‘651) teaches the pieces of wood provided in step (a) have a moisture content greater of 55%, and the wood particles obtained at the output of step (b) have a moisture content between 30% and 35%. (see ¶ [0037] - ¶ [0040], Tables 1-2)
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the step of drying the wood pellets, as taught by Kikuchi et al. (WO ‘273), through adjusting the moisture content and the density of the pellets and the wood particles as claimed in order to improve the quality of the produced pellets so to have an easy storage and to prevent their deterioration over time, as suggested by Ryu (KR ‘651): under section of technical field.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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/SEYED MASOUD MALEKZADEH/ Primary Examiner
Art Unit 1754 03/07/2026