Detailed Action
The communications received 09/25/2024 have been filed and considered by the Examiner. Claims 1-5 are pending.
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 .
Claim Objections
To make the claims more clear, “the treated cellulosic fibers” in line 4 of claim 1 should be changed to “the cleaned cellulosic fibers”.
Claim 2 is objected to because of the following informalities:
The acronym “SFR” is clearly defined in the specification as “Short Fiber Residuals”. For purposes of clarification, the definition of the acronym should be recited in the first claim in which it is presented which is claim 2. 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 (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.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerber et al (US 2007/0137805) hereinafter GER.
As for claim 1, GER teaches:
A method for manufacturing fire resistant insulation using cellulosic fibers [Abstract], the method comprising the steps of:
cleaning the cellulosic fibers [Fig. 1 #10; 0091];
partially dewatering the treated cellulosic fibers (the hydrocleaner is understood to both clean and dewater) [Fig. 1 #10; 0101];
treating the cleaned cellulosic fibers with fire retardant material [Fig. 2 #26; 0102];
drying the treated cellulosic fibers (dewatering and drying) [Fig. 2 #29-31; 0103; 0105];
and forming a plurality of superstructures of at least a portion of the treated cellulosic fibers (fluffing) [0103-0105].
As for claim 2, GER teaches claim 1 and wherein a least a portion of the cellulosic fibers come from short fibers [0060].
As for claim 3, GER teaches claim 2 and wherein the SFR is combined with recycled cellulose fiber (via blending from recycled trash fiber) [0060].
As for claim 4, GER teaches claim 1 and wherein the fire retardant material includes borate based compounds (boric acid) [0005; 0095].
Claim Rejections - 35 USC § 103
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.
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 nonobviousness.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over GER.
As for claim 5, GER teaches claim 1 and although the exact moisture content of the fibers being between 20-99% at the time of treatment with the fire retardant material, GER teaches that post fluffing which occurs after the treatment with the fire retardant material, the moisture content of about 40-60% [0103] and that the step before the fire retardant material treatment is a pulping fluid extractor which at the ending would be understood to produce a pulp with less than 100% moisture content [0102]. Therefore at the point of treatment, the moisture content would be less than 100% and greater than 40% which overlaps the claimed range.
In accordance with the MPEP, ‘ In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)’ therefore the overlapping range is obvious [see e.g. MPEP 2144.05(I)].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elisa Vera whose telephone number is (571)270-7414. The examiner can normally be reached M-F 8 - 4:30.
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/E.V./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
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