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 .
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 8 and 10-15 are 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.
Claims 8, 12 contains the acronyms PLA, PHA, and PBS which are not clearly defined in the claim. Acronyms and abbreviations must be clearly defined in the claim, especially in the absence of added context.
Claim 10 contains the limitation “applying a coating layer to a base material to form an initial coated material, the coating layer extending along a surface of the initial coated material”. From this limitation, a coating layer is applied to form an initial coated material. How does the coating layer extend along a surface of the initial coated material, if the coating layer forms the initial coated material? The dependent claims are likewise rejected as failing to cure the deficiencies of claim 10.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogilvie WO 01/83118.
Per claims 1, 9, 12, Ogilvie teaches a system for forming a material comprising a treatment unit that treats at least a face of a base material comprising applying flame heat along a portion of the face to remove the plurality of fiber portions extending from the face (page 4, lines 20-30), wherein the base material comprising a fibrous material with a plurality of fiber portions extending from the face of the base material (paperboard, see abstract, and fibers, see page 4, lines 20-30), which is followed by application of a clay coating after the flame treatment (page 5, lines 20-30).
Per claims 2-5, Ogilvie teaches moving the base material through different stations (in-line, see Fig. 1).
Per claim 6, Ogilvie teaches a clay coating (page 5, lines 20-30).
Per claim 7, Ogilvie teaches coating the paperboard product with a polymer water-dispersible suspension and applying heat to dry and cure the coating (page 3).
Per claim 8, the coating layer applied on the substrate by the coating apparatus is considered a material or article worked upon by the apparatus, which does not limit the apparatus claim (see MPEP 2115). As such, the prior art reads on the claimed invention.
Per claims 10, 13, 15, Ogilvie teaches a system for forming a material comprising a coating apparatus for coating a coating layer on the base material to form an initial coated material that extends along a surface (clay coating, page 5, lines 20-30), and a treatment unit to treat a portion of the initial coated material to form the resultant material, by applying localized heat treatment to modify the coating layer (page 5, lines 20-30, second flame treatment to reduce surface debris, e.g., fibers, ), said coating and treatment performed in an in-line apparatus by moving the fibrous material along a line (Fig. 1).
Alternatively, Ogilvie teaches application of a coating composition (page 6), followed by heating in a hood dryer (page 8, lines 31-32), which would cure and coalesce the coating.
Per claim 11, Ogilvie teaches coating the paperboard product with a polymer water-dispersible suspension and applying heat to dry and cure the coating (page 3).
Per claim 12, the coating layer applied on the substrate by the coating apparatus is considered a material or article worked upon by the apparatus, which does not limit the apparatus claim (see MPEP 2115). As such, the prior art reads on the claimed invention.
Per claim 14, Ogilvie teaches a clay coating (page 5, lines 20-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN T. LEONG whose telephone number is (571)270-5352. The examiner can normally be reached M-F 10:00-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached on 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN T LEONG/Primary Examiner, Art Unit 1715
