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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/374,124
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`12/09/2016
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`Shigeki NAITO
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`NISHP0104US
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`5899
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`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19mm
`CLEVELAND, OHIO 44115
`UNITED STATES OF AMERICA
`
`WILLIAMS CEDRICK S
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`MW
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`1743
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/10/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`
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`Off/09 A0170” Summary
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`Application No.
`15/374,124
`Examiner
`CEDRICK S WILLIAMS
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`Applicant(s)
`NAITO, Shigeki
`Art Unit
`AIA Status
`1743
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 12/09/2016.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)I:I Some”
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`c)C] None of the:
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`1..
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`Certified copies of the priority documents have been received.
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`2.[:]
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`Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Datew.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180730
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`
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-A IA orA IA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Priority
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`2.
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Informa tion Disclosure Statement
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`3.
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`The information disclosure statement(s) (IDS) submitted on 12/09/2016 has been
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`considered by the examiner.
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`Claim Rejections - 35 USC § 103
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`4.
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`In the event the determination ofthe status of the application as subject to AIA
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`35 U.S.C. 102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection ifthe prior art relied upon, and the rationale supporting the rejection, would
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`be the same under either status.
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`5.
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`The following is a quotation of35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding thatthe claimed
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`invention is not identically disclosed as set forth in section 102, if the differences between the
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`claimed invention and the prior art are such that the claimed invention as a whole would have
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`been obvious before the effective filing date of the claimed invention to a person having
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`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
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`negated by the mannerin which the invention was made.
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 3
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`6.
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`The factual inquiries set forth in Graham M John Deere C0,, 383 US. 1, 148 USPQ
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`459 (1966), that are applied for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents ofthe prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`7.
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`Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over
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`Umemura (US 2011/0174191 A1 — of record, hereinafter "Umemura"), and further
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`in view of Hansen et al. (US 7144474 B1, hereinafter "Hansen").
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`Regarding claim 1, Umemura teaches a means forforming a particleboard
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`[abstract] comprising:
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`The use of a polycarboxylic acid (crosslinking agent), woody body (construed as
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`small wood pieces) [0006], and a saccharide component [0009], which are formed into a
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`particleboard by hot press forming [0011].
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`As to the composition further comprising ammonium sulfate: it is known in the
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`art to use ammonium sulfate as a catalyst to accelerate the bonding process.
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`Hence, Hansen teaches forming an article comprising a wood pulp component
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`(Col 8 line 37), polycarboxylic acid component (polymeric binder) (Col 4 lines (1 —2), and
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 4
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`a saccharide component (non—polymeric binder) (Col 4 lines (56—59). Hansen further
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`teaches the use ofacidic salts are a suitable catalyst for use with crosslinking substances,
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`the salts to include ammonium sulfate (Col 50 lines 57—61).
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`Accordingly, it would have been obvious to one ofordinary skill in the art at the
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`time ofthe invention to modify the method of forming a particleboard of Umemura to
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`include the use of a catalyst such as ammonium sulfate as taught by Hansen to
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`accelerate the bonding process with a reasonable expectation of success. Notably,
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`adding a ammonium sulfate component would accelerate the curing process thereby
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`creating a more efficient method of producing particleboard.
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`It is noted the strongest rationale for combining references is a recognition,
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`expressly or impliedlyin the priorart or drawn from a convincing line of reasoning
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`based on established scientific principles or legal precedent, that some advantage or
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`expected beneficial result would have been produced by their combination. See /n re
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`Sema/(er, 702 F.2d 989, 994—95, 217 USPQ 1, 5—6 (Fed. Cir. 1983).
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`The motivation to combine references exists when combination results in a
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`product that is more desirable, whether or not the combination is suggested in the
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`references themselves. In this instance, the combination of Umemura with Hansen
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`provides a means for accelerating the composite bonding process, thereby creating a
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`more efficient method for producing the particleboard.
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 5
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`Regarding claim 2, Umemura and Hansen teaches all the limitations of claim 1
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`as discussed above.
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`As to mixing an aqueous dispersion ofanmionium sulfate with the collection of
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`small wood pieces, then drying the mixture to form a dispersion of the ammonium
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`sulfate in the collection of small wood pieces, and then mixing the polycarboxylic acid
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`and the saccharide with the collection of small wood pieces to form a dispersion of the
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`polycarboxylic acid and the saccharide in the collection of small wood pieces:
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`Umemura teaches when wood particles are used as the plant—derived material, a
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`board having sufficient physical properties could not be produced only by using a
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`polycarboxylic acid. However,when those containing a monosa ccharide or an
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`oligosaccharide in advance, are used, it is considered that a board having excellent
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`physical properties can be produced by using only a polycarboxylic acid or adding a
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`smalleramount of saccharide [0074].
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`Thus the recitation of "in advance" suggest that having a component pre—
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`processed into the woody particle would allow forinfluencing the physical properties of
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`the final build up; as well as a reduction of the amount of bonding material that is used.
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`Therefore, one of ordinary skill would provide the ammonium sulfate addition of
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`Hansen, in an aqueous form that is subsequently dried onto the woody material priorto
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`adding the polycarboxylic acid and the saccharide. In particular to concentrate the
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`accelerator (ammonium sulfate) into the woody material priorto other additions
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 6
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`(saccharide bonding component), which would allow for a more efficient bonding
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`means.
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`Accordingly, it would have been obvious to one ofordinary skill in the art at the
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`time ofthe invention to modify the method of forming a particleboard of Umemura to
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`include the use of a catalyst such as ammonium sulfate as taught by Hansen. Whereby
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`the acceleratoris dried onto the woody material prior to the addition of the bonding
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`components with a reasonable expectation of success. It is noted Umemura suggests
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`providing the woody material in a seasoned state prior to the final addition of a
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`bonding material. Thus a woody material seasoned with an accelerator would have be
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`well within the skill ofan ordinary artisan.
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Contact Information
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to CEDRICK S WILLIAMS whose telephone number is
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`(571)272—9776. The examiner can normally be reached on Monday —Thursday 8:00am—
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`4:00pm.
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`
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`Application/Control Number: 15/374,124
`Art Unit: 1743
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`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Joseph Del Sole can be reached on 5712721130. The fax phone number for
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`the organization where this application or proceeding is assigned is 571—273—8300.
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`800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`/CEDRICK WILLIAMS/
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`Examiner, Art Unit 1743
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`/JACOB T MINSKEY/
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`Primary Examiner, Art Unit 1741
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`