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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/374,124
`
`12/09/2016
`
`Shigeki NAITO
`
`NISHP0104US
`
`5899
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19mm
`CLEVELAND, OHIO 44115
`UNITED STATES OF AMERICA
`
`WILLIAMS CEDRICK S
`
`MW
`
`1743
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/10/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/374,124
`Examiner
`CEDRICK S WILLIAMS
`
`Applicant(s)
`NAITO, Shigeki
`Art Unit
`AIA Status
`1743
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`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).
`
`Status
`
`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
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`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.
`
`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.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`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
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`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).
`
`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:
`
`a). All
`
`b)I:I Some”
`
`c)C] None of the:
`
`1..
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`Certified copies of the priority documents have been received in Application No.
`
`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)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Datew.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180730
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-A IA orA IA 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.
`
`Priority
`
`2.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Informa tion Disclosure Statement
`
`3.
`
`The information disclosure statement(s) (IDS) submitted on 12/09/2016 has been
`
`considered by the examiner.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`In the event the determination ofthe 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 for the rejection will not be considered a new ground of
`
`rejection ifthe prior art relied upon, and the rationale supporting the rejection, would
`
`be the same under either status.
`
`5.
`
`The following is a quotation of35 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 thatthe 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 mannerin which the invention was made.
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 3
`
`6.
`
`The factual inquiries set forth in Graham M John Deere C0,, 383 US. 1, 148 USPQ
`
`459 (1966), that are applied for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents ofthe 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.
`
`7.
`
`Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over
`
`Umemura (US 2011/0174191 A1 — of record, hereinafter "Umemura"), and further
`
`in view of Hansen et al. (US 7144474 B1, hereinafter "Hansen").
`
`Regarding claim 1, Umemura teaches a means forforming a particleboard
`
`[abstract] comprising:
`
`The use of a polycarboxylic acid (crosslinking agent), woody body (construed as
`
`small wood pieces) [0006], and a saccharide component [0009], which are formed into a
`
`particleboard by hot press forming [0011].
`
`As to the composition further comprising ammonium sulfate: it is known in the
`
`art to use ammonium sulfate as a catalyst to accelerate the bonding process.
`
`Hence, Hansen teaches forming an article comprising a wood pulp component
`
`(Col 8 line 37), polycarboxylic acid component (polymeric binder) (Col 4 lines (1 —2), and
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 4
`
`a saccharide component (non—polymeric binder) (Col 4 lines (56—59). Hansen further
`
`teaches the use ofacidic salts are a suitable catalyst for use with crosslinking substances,
`
`the salts to include ammonium sulfate (Col 50 lines 57—61).
`
`Accordingly, it would have been obvious to one ofordinary skill in the art at the
`
`time ofthe invention to modify the method of forming a particleboard of Umemura to
`
`include the use of a catalyst such as ammonium sulfate as taught by Hansen to
`
`accelerate the bonding process with a reasonable expectation of success. Notably,
`
`adding a ammonium sulfate component would accelerate the curing process thereby
`
`creating a more efficient method of producing particleboard.
`
`It is noted the strongest rationale for combining references is a recognition,
`
`expressly or impliedlyin the priorart or drawn from a convincing line of reasoning
`
`based on established scientific principles or legal precedent, that some advantage or
`
`expected beneficial result would have been produced by their combination. See /n re
`
`Sema/(er, 702 F.2d 989, 994—95, 217 USPQ 1, 5—6 (Fed. Cir. 1983).
`
`The motivation to combine references exists when combination results in a
`
`product that is more desirable, whether or not the combination is suggested in the
`
`references themselves. In this instance, the combination of Umemura with Hansen
`
`provides a means for accelerating the composite bonding process, thereby creating a
`
`more efficient method for producing the particleboard.
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 5
`
`Regarding claim 2, Umemura and Hansen teaches all the limitations of claim 1
`
`as discussed above.
`
`As to mixing an aqueous dispersion ofanmionium sulfate with the collection of
`
`small wood pieces, then drying the mixture to form a dispersion of the ammonium
`
`sulfate in the collection of small wood pieces, and then mixing the polycarboxylic acid
`
`and the saccharide with the collection of small wood pieces to form a dispersion of the
`
`polycarboxylic acid and the saccharide in the collection of small wood pieces:
`
`Umemura teaches when wood particles are used as the plant—derived material, a
`
`board having sufficient physical properties could not be produced only by using a
`
`polycarboxylic acid. However,when those containing a monosa ccharide or an
`
`oligosaccharide in advance, are used, it is considered that a board having excellent
`
`physical properties can be produced by using only a polycarboxylic acid or adding a
`
`smalleramount of saccharide [0074].
`
`Thus the recitation of "in advance" suggest that having a component pre—
`
`processed into the woody particle would allow forinfluencing the physical properties of
`
`the final build up; as well as a reduction of the amount of bonding material that is used.
`
`Therefore, one of ordinary skill would provide the ammonium sulfate addition of
`
`Hansen, in an aqueous form that is subsequently dried onto the woody material priorto
`
`adding the polycarboxylic acid and the saccharide. In particular to concentrate the
`
`accelerator (ammonium sulfate) into the woody material priorto other additions
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 6
`
`(saccharide bonding component), which would allow for a more efficient bonding
`
`means.
`
`Accordingly, it would have been obvious to one ofordinary skill in the art at the
`
`time ofthe invention to modify the method of forming a particleboard of Umemura to
`
`include the use of a catalyst such as ammonium sulfate as taught by Hansen. Whereby
`
`the acceleratoris dried onto the woody material prior to the addition of the bonding
`
`components with a reasonable expectation of success. It is noted Umemura suggests
`
`providing the woody material in a seasoned state prior to the final addition of a
`
`bonding material. Thus a woody material seasoned with an accelerator would have be
`
`well within the skill ofan ordinary artisan.
`
`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Contact Information
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CEDRICK S WILLIAMS whose telephone number is
`
`(571)272—9776. The examiner can normally be reached on Monday —Thursday 8:00am—
`
`4:00pm.
`
`

`

`Application/Control Number: 15/374,124
`Art Unit: 1743
`
`Page 7
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Joseph Del Sole can be reached on 5712721130. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system, see http://pair—direct.uspto.gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866—217—9197 (toll—free). Ifyou would like assistance from a USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/CEDRICK WILLIAMS/
`
`Examiner, Art Unit 1743
`
`/JACOB T MINSKEY/
`
`Primary Examiner, Art Unit 1741
`
`

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