Detailed Action
The communications received 03/24/2025 have been filed and considered by the Examiner. Claim 1 is 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
Claim 1 is objected to because of the following informalities:
At line 12 carboxymethyl cellulose is misspelled as “carboxmethyl cellulose”. Appropriate correction is required.
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunnari (US 2019/0002658 A1) hereinafter KUN.
As for claim 1, KUN a continuous processing method to prepare a sheet (film) comprising cellulose nanofibril (CNF) and carboxymethyl cellulose (CMC) [Abstract; 0030; 0032], wherein the method comprises:
providing a homogenous aqueous mixture comprising cellulose nanofibril (CNF) and carboxymethyl cellulose (CMC), wherein the homogenous aqueous mixture has a solid content of 10-30 wt.% (19-20% solids concentration which falls within the claimed range) [0049], and the homogenous aqueous mixture has a carboxymethyl cellulose (CMC) to cellulose nanofibril (CNF) weight ratio range of 0.03:1 to 0.3:1 (1-30% : 100% which amounts to 0.01:1 to 0.3:1 which overlaps the claimed range) [0032; 0043-50];
providing an extruder [0049];
loading the homogenous aqueous mixture comprising cellulose nanofibril (CNF) and carboxymethyl cellulose (CMC) to the extruder [0043-48]; and
extruding the homogenous aqueous mixture comprising cellulose nanofibril (CNF) and carboxymethyl cellulose (CMC) to provide a wet sheet comprising cellulose nanofibril (CNF) and carboxymethyl cellulose (CMC) [0043-50], wherein the sheet has a carboxymethyl cellulose (CMC) to cellulose nanofibril (CNF) weight ratio range of 0.03:1 to 0.3:1.32 (1-30% : 100% which amounts to 0.01:1 to 0.3:1 which overlaps the claimed range, resultant sheet is understood to have the relative ratio) [0032; 0043-50].
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
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/E.V./Examiner, Art Unit 1748
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748
