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 .
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.
Response to Amendment
The preliminary amendments to the abstract, claims, and specifications filed 04/21/2025 have been reviewed and accepted by the examiner.
Claim Rejections - 35 USC § 103
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.
Claims 1 and 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN-110294909) in view of Hsu (US-20230383051) and Shi (US-20090286906) using the applicant provided original document and attached translation. Claim 5 is taught by Zhou in view of Hsu and Shi and evidenced by Senem (“Bioplastic Production from Microalgae: A Review”).
Regarding claim 1, Zhou teaches:
A raw material composition for a thermoplastic product mixed with a microalgae ([0002] – [0004] and [0025] – [0026]), the raw material composition comprising:
a polyvinyl alcohol ([0038]);
the microalgae ([0004] and [0025] – [0027]) in an amount of from 10% to 30% by weight based on the weight of the polyvinyl alcohol ([0048]);
a plasticizer in an amount of from 20% to 30% by weight based on the weight of the polyvinyl alcohol ([0016] and [0056]); and
a cross-linking agent in an amount of from 0% to 1.5% by weight based on the weight of the polyvinyl alcohol ([0042]).
Zhou does not teach:
The composition also comprising:
a compatibilizer in an amount of from 2% to 5% by weight based on the weight of the polyvinyl alcohol;
a processing aid in an amount of from 1% to 5% by weight based on the weight of the polyvinyl alcohol; and
a slipping agent in an amount of from 0.1% to 0.5% by weight based on the weight of the polyvinyl alcohol.
However, Hsu, in a similar field of endeavor, a biodegradable thermoplastic composition, teaches:
The composition also comprising:
a compatibilizer in an amount of from 2% to 5% by weight based on the weight of the polyvinyl alcohol ([0028] – [0029] and [0051] – [0052]); and
a processing aid in an amount of from 1% to 5% by weight based on the weight of the polyvinyl alcohol ([0025], [0048], and [0051] – [0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Zhou to incorporate the teachings of Hsu and include a compatibilizer and a processing aid. The purpose, as stated by Hsu, being the biodegradable thermoplastic material described herein have the following advantages, among others: (1) delivering a product that can exhibit comparable mechanical properties to current plastic disposable products; (2) the production process can seamlessly be integrated into current manufacturing systems; and, (3) cost-effective alternative to single-use plastics that is an affordable solution in the commercial market ([0047]).
Zhou in view of Hsu does not teach:
The composition also comprising:
a slipping agent in an amount of from 0.1% to 0.5% by weight based on the weight of the polyvinyl alcohol.
However, Shi, in a similar field of endeavor, a biodegradable thermoplastic composition, teaches:
The composition also comprising:
a slipping agent in an amount of from 0.1% to 0.5% by weight based on the weight of the polyvinyl alcohol ([0031] – [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Zhou in view of Hsu to incorporate the teachings of Shi and include a slipping agent. The purpose, as stated by Shi, being to help reduce adhesion between the different polymer phases, thereby minimizing the formation of separate melt phases ([0039]).
Regarding claim 3, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 3 depends on. Zhou further teaches:
wherein a degree of polymerization of the polyvinyl alcohol is between 300 and 2400. While Zhou in view of Hsu and Shi is silent as to the degree of polymerization of the polyvinyl alcohol, they do describe the same composition of claim 1 and polymerization is implied to be happening in the combination of references, therefore it would be obvious to one of ordinary skill in the art through regular experimentation to use a degree of polymerization of the polyvinyl alcohol which falls within the claimed range, in the absence of a showing of unexpected results or criticality.
Regarding claim 4, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 4 depends on. Shi further teaches:
wherein a hydrolysis degree of the polyvinyl alcohol is between 88% and 99% ([0032]).
Regarding claim 5, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 5 depends on. Zhou as evidenced by further teaches:
wherein a protein content of the microalgae is not less than 30%. Zhou teaches using a blue-green algae (Zhou; [0026] and [0039]), which includes spirulina. Spirulina has a protein content of above 30%, as is evidenced by Senem (Senem; Page 5; Table 2).
Regarding claim 6, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 6 depends on. Zhou further teaches:
wherein the microalgae is selected from Spirulina ([0026] and [0039]) sp., Chlorella sp., Nannochloropsis sp., Dunaliella sp., Tetraselmis sp., or combinations thereof.
Regarding claim 7, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 7 depends on. Zhou further teaches:
wherein the plasticizer is a polyol ([0017]).
Regarding claim 8, Zhou in view of Hsu and Shi teaches the limitations of claim 7, which claim 8 depends on. Zhou further teaches:
wherein the polyol is glycerol, polyethylene glycol, sorbitol, xylitol, mannitol, or combinations thereof ([0017]).
Regarding claim 9, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 9 depends on. Hsu further teaches:
wherein the compatibilizer is gum rosin ([0028] – [0029]).
Regarding claim 10, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 10 depends on. Zhou further teaches:
wherein the cross-linking agent is boric acid, citric acid, adipic acid, succinic acid, or suberic acid ([0029]).
Regarding claim 11, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 11 depends on. Hsu further teaches:
wherein the processing aid is a lubricant ([0025] and [0048]).
Regarding claim 12, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 12 depends on. Shi further teaches:
wherein the slipping agent comprises an alkali metal stearate ([0039]).
Regarding claim 13, Zhou in view of Hsu and Shi teaches:
A thermoplastic product mixed with a microalgae, made from the raw material composition according to claim 1, see the rejection of claim 1 above.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN-110294909) in view of Hsu (US-20230383051) and Shi (US-20090286906), as applied to claim 1 above, and further in view of Zhou (CN-107057247), using the applicant provided original documents and attached translations. In the interest of clarity, Zhou (CN-107057247) will further be referred to as Zhou-47.
Regarding claim 2, Zhou in view of Hsu and Shi teaches the limitations of claim 1, which claim 2 depends on, but does not teach further comprising a toughening agent. However, Zhou-47, in a similar field of endeavor, a biodegradable thermoplastic composition, teaches:
wherein further comprises a toughening agent in an amount of from 0.2% to 0.5% by weight based on the weight of the polyvinyl alcohol ([0009] – [0010] and [0022] – [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Zhou in view of Hsu and Shi to incorporate the teachings of Zhou-47 and include a toughening agent. The purpose, as stated by Zhou-47, being effectively strengthening the intermolecular network cross-linking structure and increasing the tensile strength of the film ([0017]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN-110294909) in view of Hsu (US-20230383051), Shi (US-20090286906), and Aldas (WO-2020156862), using the applicant provided original document and attached translation.
Regarding claim 14, Zhou teaches:
A method for preparing a thermoplastic product mixed with a microalgae ([0002] – [0004] and [0025] – [0026]), comprising the steps of:
mixing a polyvinyl alcohol ([0038]), the microalgae ([0004] and [0025] – [0027]), a plasticizer ([0016] and [0056]), a cross-linking agent ([0042]), to obtain a mixture, wherein the microalgae is present in an amount of from 10% to 30% by weight based on the weight of the polyvinyl alcohol ([0048]), the plasticizer in an amount of from 20% to 30% ([0016] and [0056]), the cross-linking agent in an amount of 0% to 1.5% ([0042]), all percentages by weight based on the polyvinyl alcohol.
Zhou does not teach:
mixing a compatibilizer and a processing aid into the mixture wherein the compatibilizer is present in an amount of from 2% to 5% by weight, and the processing aid in an amount of from 1% to 5%, based on the weight of the polyvinyl alcohol;
mixing a slipping agent into the mixture, wherein the slipping agent is present in an amount of from 0.1% to 0.5%. based on the weight of the polyvinyl alcohol;
drying the mixture;
granulating the mixture into pellets; and
forming the pellets into a product.
However, Hsu, in a similar field of endeavor, a method for preparing a biodegradable thermoplastic composition, teaches:
mixing a compatibilizer ([0028] – [0029] and [0051] – [0052]) and a processing aid into the mixture wherein the compatibilizer is present in an amount of from 2% to 5% by weight ([0028] – [0029] and [0051] – [0052]), and the processing aid in an amount of from 1% to 5%, based on the weight of the polyvinyl alcohol ([0025], [0048], and [0051] – [0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Zhou to incorporate the teachings of Hsu and include a compatibilizer and a processing aid. The purpose, as stated by Hsu, being the biodegradable thermoplastic material described herein have the following advantages, among others: (1) delivering a product that can exhibit comparable mechanical properties to current plastic disposable products; (2) the production process can seamlessly be integrated into current manufacturing systems; and, (3) cost-effective alternative to single-use plastics that is an affordable solution in the commercial market ([0047]).
Zhou in view of Hsu does not teach:
mixing a slipping agent into the mixture, wherein the slipping agent is present in an amount of from 0.1% to 0.5%. based on the weight of the polyvinyl alcohol;
drying the mixture;
granulating the mixture into pellets; and
forming the pellets into a product.
However, Shi, in a similar field of endeavor, a method for preparing a biodegradable thermoplastic composition, teaches:
mixing a slipping agent into the mixture, wherein the slipping agent is present in an amount of from 0.1% to 0.5%. based on the weight of the polyvinyl alcohol ([0031] – [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of Zhou in view of Hsu to incorporate the teachings of Shi and include a slipping agent. The purpose, as stated by Shi, being to help reduce adhesion between the different polymer phases, thereby minimizing the formation of separate melt phases ([0039]).
Zhou in view of Hsu and Shi does not teach:
drying the mixture;
granulating the mixture into pellets; and
forming the pellets into a product.
However, Aldas, in a similar field of endeavor, a method for preparing a biodegradable thermoplastic composition, teaches:
drying the mixture (Page 16);
granulating the mixture into pellets (Page 16); and
forming the pellets into a product (Page 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the process of Zhou in view of Hsu and Shi to incorporate the teachings of Aldas and include steps of drying the mixture, turning it into pellets, and making a product out of it. The purpose, as stated by Aldas, being that the polymer of the present invention is used for obtaining a sheet, film, container and molded article through techniques well known for a person skilled in the art (Page 15).
Conclusion
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/A.B./Examiner, Art Unit 1741 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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