DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment filed on January 22, 2026 has been entered in the above-identified application. Claims 2, 4, 7, 8, 10, 11, 16-18, 22, 23, 25, 27, 33-37, and 39-45 have been canceled. Claims 1, 3, 5, 6, 9, 12-15, 19-21, 24-26, 28-32, and 38 are pending and under consideration.
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.
(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.
3. Claims 1, 3, 5, 6, 9, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(1) as being anticipated by Medoff (US 2007/0045456 A1).
Medoff discloses fibrous materials, compositions that include fibrous materials, and uses of the fibrous materials and compositions. The ratio of fibrous materials to the other components of the compositions will depend upon the nature of the components, and can be readily adjusted for a specific product application. In one embodiment, the method of making the fibrous material includes shearing a fiber source to provide a first fibrous material, (meeting the limitations of providing a lignocellulosic natural fiber and milling the natural fiber into a plurality of milled natural fiber particles as recited in claim 1) and passing the first fibrous material through a first screen having an average opening size of 1.59 mm or less ( 1/16 inch, 0.0625 inch) to provide a second fibrous material. In some embodiments, the average opening size of the first screen is less than 0.79 mm (meeting the limitations of claim 6). In specific implementations, the shearing is performed with a rotary knife cutter. The fiber source can include, e.g., a cellulosic material, a lignocellulosic material. (equivalent to the lignocellulosic natural fiber of the claimed invention). In another aspect, the disclosed invention features methods of densifying fibrous compositions (meeting the limitation that the natural fiber particles are densified and a functionalized natural fiber product is produced). In another aspect, the composite includes a fibrous material and a resin. Examples of thermoplastic resins include rigid and elastomeric thermoplastics. Rigid thermoplastics include polyolefins (e.g., polyethylene, polypropylene, or polyolefin copolymers), polyesters (e.g., polyethylene terephthalate), polyamides (e.g., nylon 6, 6/12 or 6/10), and polyethyleneimines. Examples of elastomeric thermoplastic resins include elastomeric styrenic copolymers (e.g., styrene-ethylene-butylene-styrene copolymers), polyamide elastomers (e.g., polyether-polyamide copolymers) and ethylene-vinyl acetate copolymer. Examples of thermosetting resins include natural rubber, butadiene-rubber and polyurethanes. In addition to the desired fibrous material and resin, additives, e.g., in the form of a solid or a liquid (equivalent to the functionalization compound of the claimed invention and meeting the limitation that the natural fiber particles are treated with a functionalization compound), can be added to the combination of the fibrous material and resin. For example, suitable additives include fillers such as calcium carbonate, graphite, wollastonite, mica, glass, fiber glass, silica, and talc; inorganic flame retardants such as alumina trihydrate or magnesium hydroxide (meeting the limitations of claim 12 given that magnesium hydroxide is an alkali); organic flame retardants such as chlorinated or brominated organic compounds; ground construction waste; ground tire rubber; carbon fibers; or metal fibers or powders (e.g., aluminum, stainless steel). These additives can reinforce, extend, or change electrical, mechanical or compatibility properties. Other additives include fragrances, coupling agents, compatibilizers, e.g., maleated polypropylene, processing aids, lubricants, e.g., fluorinated polyethylene, plasticizers, antioxidants, opacifiers, heat stabilizers, colorants, foaming agents, impact modifiers (meeting the limitations of claim 13), polymers, e.g., degradable polymers, photostabilizers, biocides, antistatic agents, e.g., stearates or ethoxylated fatty acid amines. Suitable antistatic compounds include conductive carbon blacks, carbon fibers, metal fillers, cationic compounds, e.g., quaternary ammonium compounds, e.g., N-(3-chloro-2-hydroxypropyl)trimethylammonium chloride, alkanolamides, and amines. Representative degradable polymers include polyhydroxy acids, e.g., polylactides, polyglycolides and copolymers of lactic acid and glycolic acid, poly(hydroxybutyric acid), poly(hydroxyvaleric acid), poly[lactide-co-(e-caprolactone)], poly[glycolide-co-(e-caprolactone)], polycarbonates, poly(amino acids), poly(hydroxyalkanoate)s, polyanhydrides, polyorthoesters and blends of these polymers. Compositions that include fibrous materials, e.g., cellulosic or lignocellulosic materials and, e.g., chemicals or chemical formulations in the solid, liquid or gaseous state, can be prepared, e.g., in various immersion, spraying (meeting the limitations of claim 9), or blending apparatuses. (See Abstract and paragraphs 0005-0021, 0026-0031, 0038, 0040-0049, 0062-0096, and 0110). With regards to the limitations of claim 3, the use of Cannabis is not a patentable distinction, as it merely goes to the source of the materials not anything distinct about them.
All limitations of claims 1, 3, 5, 6, 9, 12, and 13 are disclosed in the above reference.
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.
4. Claims 14, 15, 19-21, 24, 26, 28, 29-32, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Medoff (US 2007/0045456 A1).
With regards to the concentration of each component and the shape of the densified product (pellets), the Examiner would like to point out that workable physical properties such as shapes and concentrations are deemed to be obvious routine optimizations to one of ordinary skill in the art, motivated by the desire to obtain the required properties, particularly given that Medoff specifically states that ratio of fibrous materials to the other components of the compositions will depend upon the nature of the components, and can be readily adjusted for a specific product application.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CALLIE SHOSHO can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEEBA AHMED/Primary Examiner, Art Unit 1787
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