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
This Office action is based on the 18/862800 application originally filed November 04, 2024.
Amended claims 28-31 and 33-43, filed February 02, 2026, are pending and have been fully considered. Claims 1-27 and 32 have been canceled.
Election/Restrictions
Applicant’s election of Group III, claims 28-31 and 33-43, in the reply filed on February 02, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 1 and 43 are objected to because of the following informalities:
Claim 1 line 3 states “a binder including”. Claim 1 should be amended to “a binder and the binder comprises”. The amendment is necessary to clarify that the binder comprises pyrolysis oil and thermoplastics and not the mixture includes pyrolysis oil and thermoplastic (see paragraph 0008 of the current specification).
Claim 43 the phrase “a briquette producted” should be amended to “a briquette product” or “a briquette produced”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 36 and 38 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 36 and 38 fail to further limit the range amount of the pyrolysis oil and thermoplastic of the binder of independent claim 28. Claims 28, 36 and 38 recite: “from 80% to 90% in weight of the pyrolysis oil and from 10% to 20% in weight of the thermoplastics”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 28-31, 33-35, 37 and 39-43 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the present invention is allowable over the prior art references listed on PTO-892, applied prior art and Information Disclosure Statement fails to teach and/or suggest a method of manufacturing a briquette comprising the step of: mixing at least one material with a binder including: a pyrolysis oil being from 80% to 90% in weight of the binder and resulting from a pyrolysis of biomass; and thermoplastics from 10% to 20% in weight of the binder; subjecting the mixture to a compression step to form a briquette.
The prior art references: Mennell et al. (US 2022/0259684); Walter et al. (US 2016/0145519); Li et al. (WO 2019/200424 A1); Fini et al. (WO 2021/097068 A1) and Ellens et al. (WO 2012/158651 A2) disclose various methods of converting biomass into pyrolysis oil (bio-oil) that is further mixed with biochar and/or plastics. However, the prior art fails to teach and/or suggest a binder comprising pyrolysis oil being from 80% to 90% in weight of the binder and thermoplastics from 10% to 20% in weight of the binder that is further formed into a briquette.
Claims 36 and 38 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771
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