DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Applicant’s response and submission of the terminal disclaimer are acknowledged.
The rejection of claims 1-20 under the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent Number 10,822,751 is overcome by Applicant’s submission of the terminal disclaimer.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1-5 and 7-12 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Huanwen et al., CN101697704.
Regarding claims 1-4, the abstract of Huanwen discloses an organic substrate including maize cob [rachis of cereal ear] in a volume ratio with maize straw and rice husk of (3-4): (3-5); (2:4). Applicant’s claim 1 is directed to the infill material. The volume ratio of the maize cob in Huanwen is encompassed by Applicant’s claimed range. Applicant’s claim 1 includes open language an does not exclude other material from being present.
Regarding claims 5 and 8, Applicant’s claim is directed the infill material. Drying the infill material is a process limitation placed upon a product claim. Paragraph 0069 discloses a moisture content of 60% to 70%. Introducing the infill material into a silo is a process limitation placed upon the product.
Regarding claim 7, paragraph 0014 discloses that maize cob has a granulometry ranging from 0.5 cm and 1.5 cm [5.0 mm to 15 mm].
Regarding claim 9, paragraph 0069 discloses a moisture content of 60% to 70%. Applicant’s claim is directed the infill material. Introducing the infill material into a silo is a process limitation placed upon the product.
Regarding claims 10-11, Applicant’s claim is directed to the infill material. A rounding treatment is a process limitation placed upon a product claim.
Regarding claim 12, Applicant’s claim is directed to the infill material. Introducing the infill material into a bag of impermeable material is a process limitation placed upon a product.
Claims 6 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims an infill material as recited in claim 1, further including wherein vegetable material consisting of rachis of cereal ear not coated by a layer, or film, of material has a moisture content less than 30% as recited in claim 6. Applicant claims an infill material as recited in claim 1, further including wherein the vegetable material of rachis of cereal ear not coated by a layer or film of coating material has a bulk density comprised between 0.3 kg/dm³ and 0.5 kg/dm³ as recited in claim 13. The closest prior art, Huanwen et al., CN101697704, teaches an organic substrate including maize cob [rachis of cereal ear] in a volume ratio with maize straw and rice husk of (3-4): (3-5); (2:4). Applicant’s claim 1 is directed to the infill material. The volume ratio of the maize cob in Huanwen is encompassed by Applicant’s claimed range. Applicant’s claim 1 includes open language an does not exclude other material from being present. Huanwen fails to teach or suggest the limitations as recited in claims 6 and 13.
Claims 14 are allowed. Applicant claims a synthetic or hybrid synthetic natural turf as recited in claims 14 and 19. The closest prior art, Huanwen et al., CN101697704, teaches an organic substrate including maize cob [rachis of cereal ear] in a volume ratio with maize straw and rice husk of (3-4): (3-5); (2:4). Applicant’s claim 1 is directed to the infill material. The volume ratio of the maize cob in Huanwen is encompassed by Applicant’s claimed range. Applicant’s claim 1 includes open language an does not exclude other material from being present. Huanwen fails to teach or suggest the limitations as recited in claims 14 and 19.
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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