DETAILED ACTION
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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it uses phrases which can be implied, such as “The present invention relates to”, “more specifically”, The invention provides” and Importantly”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
A suggested correction would be to amend the abstract to read “An animal bedding and pad made from banana fiber for use as animal bedding and method for manufacturing durable and biodegradable pads. The pads are formed by laying out banana fibers in a predetermined configuration and applying a biodegradable bonding agent to the fibers. The bonded pads are then dried, packaged, and made ready for use as bedding. The bonding agent employed ensures that the pads remain intact and do not disintegrate when exposed to water.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 14-18, each of the stated claims are indefinite as it is unclear what the correct dependency of the claims should be. Each of the method claims 14-18 currently depend from apparatus claim 12, however, claim 13 is an independent method claim. It appears the claims should be dependent upon claim 13, however applicant should amend and confirm. In an effort to advance prosecution, examiner has interpreted claims 14-18 to depend from method claim 13.
Claim Rejections - 35 USC § 102
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.
Claims 1-7, 13-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Keating (US 20120000428).
Regarding claims 1, 13, 15, Keating discloses an animal bedding, comprising: a plurality of banana fibers derived from stalks of banana plants ([0022] banana); wherein the banana fibers ([0022] banana) are processed to remove impurities ([0023] chemical pulping and mechanical based methods and [0024] steam and pressure and then mechanically grinding); a biodegradable bonding agent ([0025]) crosslinkers, binders and wax emulsion) applied to the banana fibers ([0022] banana); wherein the bonding agent ([0025]) crosslinkers, binders and wax emulsion) binds the fibers into a cohesive structure ([0026]-[0032] fiberboard mat formed by counterflow vacuum cylinder and presses and rollers) configured to maintain structural integrity when exposed to moisture ([0036] can be prepared by applying one or more surfactants to one or more sides of the finished fiberboard product. Treating the fiberboard with a surfactant can make the fiberboard hydrophilic, or increase its absorbency and rate at which the fiberboard absorbs liquids. As can be appreciated, therefore, the surfactant can make the substrate fiberboard 102 suitable for the animal bedding system 100, where the substrate fiberboard 102 is configured to receive and trap animal excreta, and also capture and mask odors emanating from the excreta and the animal itself).
Regarding claims 2, 14, Keating discloses wherein the banana fibers undergo a pretreatment process ([0031] and [0032], heat) to reduce microbial growth and tannin content ([0032] In addition to removing at least a portion of any remaining liquid in the fiberboard, heating the fiberboard can also serve to sterilize the fiberboard. Indeed, the heat applied to the fiberboard can serve to kill or otherwise neutralize bacteria, fungus, viruses, microbes, or the like that may be on, in, or about the fiberboard. Heating the fiberboard can also serve to reduce harmful, naturally-occurring aromaticity common in cedar products, and also neutralize abeitic acids in pine which has been shown to be an allergen to animals).
Regarding claim 3Keating discloses wherein the bonding agent ([0025]) crosslinkers, binders and wax emulsion) is selected from natural starches, gums, resins ([0017] resins and waxes), or proteins.
Regarding claim 4, Keating discloses wherein a pad (102) is formed into a rectangular or square shape for use in standardized animal enclosures ([0015] can include a series of perforations 106 on at least a portion of one surface of the fiberboard substrate 102. In other embodiments, the perforations 106 can be placed over the whole surface of the fiberboard substrate 102. In an embodiment, the perforations 106 can include indentations formed into the surface of the fiberboard substrate 102 to facilitate size adjustment of the substrate 102. For example, the fiberboard substrate 102 can be broken or otherwise separated along co-linear perforations 106 so as to manually size the substrate 102 to the general dimensions of a particular animal's cage).
Regarding claims 5, 16, Keating discloses wherein the banana fibers ([0022] banana) are sun-dried prior to bonding ([0030] the fiberboard can be heated before the fiber mat is pressed, while the fiber mat is pressed, after the fiber mat is pressed, or any combination thereof. The fiberboard can be dried in the press device, a kiln, by exposure to the atmosphere for a period of time, or by heated air, heating elements, or any other suitable heating method).
Regarding claim 6, Keating discloses wherein the bonding agent ([0025]) crosslinkers, binders and wax emulsion) maintains compatibility with banana fibers ([0022] banana) under humid or wet conditions ([0040] the fiberboard substrate 102 can be structurally-rigid while also capable of absorbing moisture).
Regarding claim 7, Keating discloses wherein the banana fibers ([0022] banana) are cut into a predetermined format to ensure proper coverage and density within a matching application size and footprint ([0023] Suitable forms of starting fiber materials can be or include one or more chips, shavings, boards, logs, panels, sheets of paper, cardboard, sawdust, or the like. In one or more embodiments, the fibers can be from a chemical pulp obtained from softwood and/or hardwood chips liberated into fiber by sulfate, sulfite, sulfide or other chemical pulping processes. In other embodiments, the fibers can be obtained from a fiber material by mechanical based methods).
Regarding claim 17, Keating discloses wherein the banana fiber pad (102) is inspected for fiber density ([0035] material can have a bulk density of about 2.5 lbs/ft.sup.3) and bonding strength ([0040] structurally-rigid) prior to packaging.
Regarding claim 18, Keating discloses wherein the banana fibers ([0022] banana) are sourced from agricultural waste material that would otherwise be discarded ([0023] Suitable forms of starting fiber materials can be or include one or more chips, shavings, boards, logs, panels, sheets of paper, cardboard, sawdust, or the like.
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.
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Keating (US 20120000428) in view of Knight (WO 2022236150).
Regarding claims 8-12, Keating discloses an animal bedding pad comprising: a plurality of banana fibers ([0022] banana) laid out in a predetermined configuration corresponding to an application-specific size and footprint Suitable forms of starting fiber materials can be or include one or more chips, shavings, boards, logs, panels, sheets of paper, cardboard, sawdust, or the like. In one or more embodiments, the fibers can be from a chemical pulp obtained from softwood and/or hardwood chips liberated into fiber by sulfate, sulfite, sulfide or other chemical pulping processes. In other embodiments, the fibers can be obtained from a fiber material by mechanical based methods); wherein the pad (102) is biodegradable ([0040] made from organic fibers and can be recycled via a compost pile, a garden, or the like, thereby reducing waste disposal in landfills and the costs associated therewith, while at the same time providing useful compost or fertilizer) and provides moisture absorbency ([0014] configured to absorb liquids), cushioning ([0041] an animal can lay on top of the fiberboard bedding), and odor resistance ([0036] capture and mask odors), but does not expressly disclose wherein the fibers are stitched together using natural thread to form a structurally integrated pad, wherein the stitching is performed using cotton, hemp, or jute thread wherein the pad includes multiple stitched layers for added durability and cushioning and wherein the stitched configuration enhances airflow throughout the pad.
However, Knight discloses a similar pad (20) structure with the fibers ([0023] plurality of fibers) stitched together using natural thread to form a structurally integrated pad ([0169] stitch-bonding), wherein the stitching ([0169] stitch-bonding) is performed using cotton, hemp, or jute thread ([0086] cotton, hemp, jute), wherein the pad (20) includes multiple stitched ([0169] stitch-bonding) layers for added durability and cushioning ([0010] may include a plurality of layers) and wherein the stitched ([0169] stitch-bonding) configuration enhances airflow throughout the pad (20).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Keating, by making the fibers stitched together using natural thread to form a structurally integrated pad, wherein the stitching is performed using cotton, hemp, or jute thread wherein the pad includes multiple stitched layers for added durability and cushioning and wherein the stitched configuration enhances airflow throughout the pad, as taught by Knight, for the purpose of providing a multi layered or multi plied pad construction formed from the fiber substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642