DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
Applicants' arguments have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn due to Applicant's amendments and/or arguments. The following rejections and/or objections are either reiterated or newly applied.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-11 stand rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Clare.
Allowable Subject Matter
Claim 13 is allowable, but depends upon claim 1.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 12-16 are objected to because of the following informalities:
Appropriate correction is required. Claims would be allowable if rewritten or amended to overcome the rejection.
The following claim 1 is drafted by the examiner and considered to distinguish patentably over the art of record in this application, the examiner presented to applicant for consideration:
(Amended) A multilayer film comprising: (a) a first layer comprising a first composition, wherein the first composition comprises at least one ethylene-based polymer and wherein the first composition has a density of less than 0.935 g/cm³, a melt index (I₂) of less than 2.0 g/10 minutes, a MWCDI value greater than 0.9, and a melt index ratio (I₁₀/I₂) that meets the following equation: I₁₀/I₂ ≥ 7.0 - 1.2 X log (I₂), wherein the first layer comprises at least 50 percent by weight of the first composition based on the weight of the first layer; (b) a second layer consisting of a first high density polyethylene (HDPE) having a density of greater than 0.950 g/cm³ and a melt index (I₂) of less than 2.0 g/10 minutes, wherein the second layer comprises at least 40 percent by weight of the first high density polyethylene (HDPE) based on the weight of the second layer; and (c) a third layer which is a sealant layer, wherein the multilayer film comprises at least 29 weight percent of the first composition based on the total weight of the film, and wherein the multilayer film comprises at least 15 weight percent of the first high density polyethylene (HDPE) based on the total weight of the film.
*Claims 12-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. *As claim 1 includes the limitations of claim 13, cancelation of claim 16 should be cancelled also as it would not further limit amended claim 1.
Response to Arguments
Applicants’ arguments are acknowledged and found convincing except for the amendments necessary to be made in order to allow the case. The 103 rejection of Zhang and Clare is maintained for reasons of record over claims 1-11. Claim 1 would be allowable if it omits “comprising” and is substituted for “consisting of” as set forth above to amend claim 1 with the subject matter of claim 13 as noted in the interview summary also.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMRA L. DICUS whose telephone number is (571)272-2022. The examiner can normally be reached M-F 8:00 am 4:00 pm.
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TAMRA L. DICUS
Primary Examiner
Art Unit 1787
/TAMRA L. DICUS/Primary Examiner, Art Unit 1787
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