DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 20 has been entered.
Response to Amendment
Applicant's amendment filed January 20th, 2026 has been entered. Claims 17-21 have been added.
The Section 103 rejections over Franklow (as the primary reference) made in the Office action mailed September 18th, 2025 have been withdrawn. However, upon further consideration, a new ground(s) of rejection has been made.
The Section 103 rejections over Junker (as the primary reference) made in the Office action mailed September 18th, 2025 have been withdrawn.
The Section 103 rejections over Jones (as the primary reference) made in the Office action mailed September 18th, 2025 have been withdrawn. However, upon further consideration, a new ground(s) of rejection has been made.
The Section 103 rejections over Ochiai (as the primary reference) made in the Office action mailed September 18th, 2025 have been withdrawn.
Response to Arguments
Applicant’s arguments filed January 20th, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, the Examiner wishes to address a couple of points:
Applicant argues that Franklow requires the seal be peelable. This is not true. A peelable seal is only “desirable” in “some applications”. Therefore, this is not a required feature but rather an optional one. Franklow is substantially directed to a multilayered recyclable polyethylene lidding film and thus still fits substantially within the claimed subject matter.
Applicant argues that Yun alone does not teach the claimed subject matter. The Examiner mostly disagrees.
However, Yun teaches that oriented polyethylene film are adhesively laminated to an unoriented monolayer sealant film, improved over oriented sealant films that negatively impact the sealing performance and improved over common polyethylene having a narrow sealing window, comprising at least 70 wt% and up to 100 wt% (consisting of) [0047-0048] of a polyethylene plastomer or elastomer among other choices, the polyolefin plastomer comprising a single-site or metallocene catalyzed (ethylene/alpha-olefin) copolymer having a density of 0.885 to 0.915 g/cc and a melt index of 0.5 to 20 g/10 min [0050-0051], wherein an exemplary embodiment comprises Affinity PL 1881 G [0052], with wherein the heat seal initiation temperature is 105 °C or less, preferably 95 °C or less [0023, 0044] to provide a sealing window of at least 15 °C [0027], wherein the sealant layer can comprise additional non-sealant layers such as polyethylene or ethylene vinyl alcohol depending on desired properties [0074], but Yun does not motivate the usage of Affinity PL 1881 G.
Therefore, Dow (Technical Information for Affinity PL 1881G) evidences/further teaches that Affinity PL 1881 G inherently contains a slip additive at about 750 ppm (0.075 wt%) and an antiblock additive at about 2500 (0.25 wt%), which provides a sealant excellent in hot tack strength reaching 8.8 N/25.4 mm by the seal initiation temperature at 85 °C for a low temperature sealability, ability to seal through contamination, and outstanding optics.
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant film consisting of a polyethylene plastomer/elastomer as claimed and slip and/or antiblock agents. One of ordinary skill in the art would have been motivated to look to the art for improved sealant films over LDPE/LLDPE.
Claim Rejections - 35 USC § 102/103
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, 3-5, 7-10, and 12-21 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Gkinosatis (U.S. Pub. No. 2015/0010764 A1) (hereinafter “Gkinosatis”) OR, in the alternative, under 35 U.S.C. 103 as obvious over Gkinosatis, optionally in view of Mudar et al. (U.S. Pub. No. 2002/0106429 A1) (hereinafter “Mudar”) and/or Su et al. (WO 2018/223358 A1) (hereinafter “Su”).
Regarding claims 1, 7-10, and 12-21, Gkinosatis teaches a multilayered film laminate for packaging liquid containing food products [0012] comprising an inner heat sealing layer comprising a homogeneous ethylene alpha olefin copolymer or blend of two or more thereof with a density of less [0054-0058], a barrier layer comprising ethylene vinyl alcohol copolymer [0038, 0060-0062], between the sealing layer and the oxygen barrier is a tie layer comprising maleic anhydride modified (poly)ethylene [0063], wherein an outer layer comprising an (poly)ethylene-acid ionomer copolymer [0041, 0048-0051], wherein an example comprises a density of 0.94 g/cc [Table 1], wherein the outer layer is adhered to the barrier layer via a second tie/adhesive layer (solvent-free) [0064], wherein the outer layer further comprises additives of slip and/or antiblock agents [0053], in the example the sealant layer consists of a blend of 56 wt% of Affinity PF 1140, a homogeneous ethylene/alpha-olefin copolymer (plastomer) having a density of 0.896 g/cc and a melting point of 94 °C and a melt index of 1.6 g/10 min, and 40 wt% of Tafmer 4085, a homogeneous ethylene/alpha-olefin copolymer (plastomer) having a density of 0.885 g/cc and a melting point of less than 70 °C and a melt index of 3.5 g/10 min and 4% of additives (assumed to be the same or similar slip and/or antiblock additives as recited for the outer layer), wherein the thickness of the inner heat seal layer is more preferably 10 to 60 microns which is about 0.08 to 50% of the total film thickness , and 23 microns in an example comprising 42.6% of the total film laminate thickness, wherein each layer is substantially based on polyethylene (≥95 wt%, or obviously so) when EVOH and its ethylene-based tie layers are used, wherein “when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is anticipated if one of them is in the prior art" Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2131.03 I. Alternatively, if the prior art ranges do not anticipate Applicant’s, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05 I.
Furthermore, in the event that the additives of the sealant layer cannot be assumed to be slip and/or antiblock additives, identical to those set forth for the outer layer:
Mudar teaches a packaging product for food having added liquid contaminants and being sealed by heat sealing, wherein the seal further comprises a slip agent (or a surfactant), and optionally a blocking agent [0067], wherein the addition of the slip agent results in the ability to provide hermetic seals having fewer leaks and/or greater seal strength [0006-0007], wherein the slip and antiblocking agent are added in amounts not greater than 20 wt%, preferably about 300 ppm to about 6000 ppm (0.03 to 0.6 wt%) [0008, 0068. Table 2].
AND/OR
Su teaches an ethylene-based alpha-olefin heat seal outer layer, wherein to achieve low slip on a packaging layer slip agents are typically/conventionally added to the ethylene-based alpha-olefin outer layer, wherein an improvement comprises a combination fatty acid non-migratory slip agent [0002-0003] at a combined weight of about 0.01 to 5.0 wt% [0075] and an antiblock agent that minimizes or prevents blocking in an amount from about 0 to 2.0 wt% [0072].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealing layer consisting of an ionomer or polyethylene plastomer/elastomer as claimed and at least one of a slip agent or antiblock agent. One of ordinary skill would have been motivated to provide the sealing area with the ability to seal through contamination to provide hermetic seals having fewer leaks and/or greater seal strength [Mudar] AND/OR to maintain desirable and conventional low coefficient of friction during different processing conditions such as elevated temperature and/or pressure [Su].
Regarding claims 3-5, the film can be oriented at least along the machine direction during biaxial stretching/orientation [0071].
Further regarding claims 13-15, 17, and 19, although the prior art does not disclose any of the claimed properties, the claimed properties are deemed to be inherent to the structure in the prior art since Gkinosatis teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gkinosatis, optionally in view of Mudar and/or Su, as applied to claim 1 above, (further) in view of Clare et al. (U.S. Pub. No. 2020/0398544 A1) (hereinafter “Clare 2020”) AND/OR Zheng et al. (WO 2018/063578 A1) (hereinafter “Zheng”).
Regarding claim 11, Gkinosatis teaches the tie layer preferably comprises ethylene-(meth)acrylic acid grafted/modified polymer [0063], but does not teach an anhydride-modified linear low density polyethylene and at least one of a high/medium/low/linear low density polyethylene.
Clare 2020 teaches recyclable polyethylene packaging laminates [0001, 0030], wherein a first surface layer is a high density polyethylene and a second surface layer is a linear low density polyethylene-based sealing layer, wherein a barrier layer is disposed therein [claims 1-2, 7-8, 13-14], wherein the EVOH is bonded with tie layers comprising a blend of 80 wt% polyethylene, which comprises a linear low density polymer, and 20 wt% of a tie resin comprising maleic anhydride modified polyolefin [0124-0126], which ensures good adhesion of the ethylene vinyl alcohol with the polyethylene layers [0126].
AND/OR
Zheng teaches a tie layer B for bonding a barrier layer C such as ethylene vinyl alcohol to a polyethylene layer A, wherein the tie layer comprises 1 to 99 wt%, such as 80 to 95 wt%, of a first composition comprising an ethylene-based polymer, such as an ethylene/α-olefin interpolymer/copolymer (pg. 6), and 1-99 wt%, such as 5 to 20 wt%, of a maleic anhydride grafted polyethylene, such that it results in improved dart impact values and normalized puncture strength beneficial for packages (pg. 1, lines 10-17 & pg. 4, lines 1-18).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the tie layer as comprising an anhydride-modified linear low-density polyethylene and a claimed polyethylene. One of ordinary skill in the art would have been motivated to ensure good adhesion of the ethylene vinyl alcohol with the polyethylene layers [Clare 2020; 0126] AND/OR to improve dart impact values and normalized puncture strength beneficial for packages (Zheng; pg. 1, lines 10-17 & pg. 4, lines 1-18), optionally further motivating the use of the tie-layer blend of Clare 2020.
Claims 1-6, 8-10, and 12-21 are rejected under 35 U.S.C. 103 as obvious over Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”) in view of Yun et al. (U.S. Pub. No. 2018/0099492 A1) (hereinafter “Yun”) as evidenced by and further in view of Dow (Technical Information for Affinity PL 1881G) (hereinafter “Dow”).
Regarding claims 1-6 and 12-21, Francklow teaches a multilayer lidding film (packaging laminate) of substantially polyethylene materials for beneficial recycling [0008-0010], the laminate comprising a multilayer machine direction oriented or biaxially oriented polyethylene film (All Figs. [2]) [0016] comprising one of more layers of high-density polyethylene (known inherent density ~0.93-0.97 g/cm3) [0031-0034] adhesively (All Figs. [4]) laminated to multilayer non-oriented polyethylene film (All Figs. [3]) comprising at least one outer layer of polyethylene, such as LDPE (known inherent density range of ~0.917-0.93 g/cm3) (All Figs. [3a]) and a lower polyethylene-based (sealant) layer intended to heat seal to the package at a temperature less than the melting temperature of the oriented polyethylene substrate [0006, 0035-0038], having disposed therebetween a gas barrier layer (All Figs. [5]) comprising ethylene-vinyl alcohol copolymer having flanking first and second tie layers (All Figs. [6]) for bonding to the unoriented polyethylene layers [0025], wherein the lidding film preferably does not contain more than 5 wt% of a polymer other than polyethylene.
Further regarding claims 1, 17, and 19, Francklow does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Yun teaches that oriented polyethylene film are adhesively laminated to an unoriented monolayer sealant film, improved over oriented sealant films that negatively impact the sealing performance and improved over common polyethylene having a narrow sealing window, comprising at least 70 wt% and up to 100 wt% (consisting of) [0047-0048] of a polyethylene plastomer or elastomer among other choices, the polyolefin plastomer comprising a single-site or metallocene catalyzed (ethylene/alpha-olefin) copolymer having a density of 0.885 to 0.915 g/cc and a melt index of 0.5 to 20 g/10 min [0050-0051], wherein an exemplary embodiment comprises Affinity PL 1881 G [0052], with wherein the heat seal initiation temperature is 105 °C or less, preferably 95 °C or less [0023, 0044] to provide a sealing window of at least 15 °C [0027], wherein the sealant layer can comprise additional non-sealant layers such as polyethylene or ethylene vinyl alcohol depending on desired properties [0074], but Yun does not motivate the usage of Affinity PL 1881 G.
Dow evidences/further teaches that Affinity PL 1881 G inherently contains a slip additive at about 750 ppm (0.075 wt%) and an antiblock additive at about 2500 (0.25 wt%), which provides a sealant excellent in hot tack strength reaching 8.8 N/25.4 mm by the seal initiation temperature at 85 °C for a low temperature sealability, ability to seal through contamination, and outstanding optics, and would be substantially polyethylene-based for compatible recycling [Francklow].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant film consisting of a polyethylene plastomer/elastomer as claimed and slip and/or antiblock agents. One of ordinary skill in the art would have been motivated to look to the art for improved sealant films over LDPE/LLDPE comprising an exemplary embodiment [Yun] that provides a sealant excellent in hot tack strength reaching 8.8 N/25.4 mm by the seal initiation temperature at 85 °C for a low temperature sealability, ability to seal through contamination, and outstanding optics [Dow].
Regarding claims 8-10, the thickness of the non-oriented polyethylene film may be 15 to 100 µm and an exemplary non-oriented polyethylene film of 7 layers comprises outer polyethylene layers of 8 µm and 5 µm, each tie layer being 3 µm, the gas barrier layer being 3 µm, wherein the multilayer unoriented film thickness is 35 µm, wherein the gas barrier layer is 8.5% of the overall thickness range and one or both of the outermost layers being a mono- or multi-layer sealant layer of about 23% to 37% of the overall thickness range.
Claims 1-6, 8-10, and 12-21 are rejected under 35 U.S.C. 103 as obvious over Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”) in view of Mudar et al. (U.S. Pub. No. 2002/0106429 A1) (hereinafter “Mudar”), as evidenced by or further in view of Entec (Dow Affinity PL 1280 G Polyolefin) (hereinafter “Entec”).
Regarding claims 1-6 and 12-21, Francklow teaches a multilayer lidding film (packaging laminate) that may enclose meat or cheese [0056], the lidding film being of substantially polyethylene materials for beneficial recycling [0008-0010], the laminate comprising a multilayer machine direction oriented or biaxially oriented polyethylene film (All Figs. [2]) [0016] comprising layers of high-density polyethylene (known inherent density ~0.93-0.97 g/cm3) [0031-0034] adhesively (All Figs. [4]) laminated to multilayer non-oriented polyethylene film (All Figs. [3]) comprising at least one outer layer of polyethylene, such as LDPE (known inherent density range of ~0.917-0.93 g/cm3) (All Figs. [3a]) and a lower polyethylene-based (sealant) layer intended to heat seal to the package at a temperature less than the melting temperature of the oriented polyethylene substrate [0006, 0035-0038], having disposed therebetween a gas barrier layer (All Figs. [5]) comprising ethylene-vinyl alcohol copolymer having flanking first and second tie layers (All Figs. [6]) for bonding to the unoriented polyethylene layers [0025], wherein the lidding film preferably does not contain more than 5 wt% of a polymer other than polyethylene.
Further regarding claims 1, 17, and 19, Francklow does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Mudar teaches a packaging article to be used for both flexible packaging films and with rigid packaging members such as trays [0027], wherein when packaging foodstuffs such as meats liquids contained therein may contaminate and degrading sealing areas [0002-0006], such that adding a slip agent and optionally an anti-block agent to the sealant layer in an amount of 300 to 6000 ppm (0.03 to 0.6 wt%) of a slip agent (although examples show up to 20 wt% of a slip agent being beneficially included) lowers leak rates and allows hermetic sealing through contamination [0007-0008], wherein the seal layer may preferably contain an ionomer, heterogeneous ethylene/alpha-olefin copolymer, and ethylene/unsaturated ester copolymers (i.e. EVA) but particularly preferred are homogeneous ethylene/alpha-olefin copolymers in amounts at least about 80 wt% [0031], wherein homogeneous ethylene/alpha-olefin copolymers comprise peak melting points of about 60 °C to 105 °C, preferably about 80 °C to 100 °C [0038-0042] and comprising a density from preferably 0.87 to 0.92 g/cc and most preferably about 0.89 to 0.91 g/cc with a melt index of 1 to 20 g/10min, most preferably about 4 to 8 g/10 min [0011], wherein examples demonstrate sealing layers consisting of Affinity PL 1280 (ssPE1) having a density of 0.900 g/cc and a melt index of 6.0 being used beneficially in combination with up to 20 wt% slip agent and optionally an antiblock masterbatch (AB1) based on Affinity PF 1140 (ssPE3) and fatty-acid based slip agents (Slip2/Slip3/Slip4) included as part of (linear) low density polyethylene-based masterbatches that may further include antiblock agents [Slip 1/Slip 5] [Table 2; Examples 1, 9-13, 15-16], wherein Entec evidences/further teaches that Affinity PL 1280 (or an updated form thereof) has a melting point of 96.1 °C and a seal initiation temperature 87.8 °C (Internal Method being the Dow Method, wherein SIT is the temperature at which the seal strength reaches 8.8 N/25.4 mm).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant film consisting of a polyethylene plastomer/elastomer as claimed and slip and/or antiblock agents. One of ordinary skill in the art would have been motivated to look to the art to provide a strong leakproof and hermetic seal through contamination for foodstuffs, such as meat that comprise liquid components [Mudar] or a possibly updated form thereof [Entec].
Regarding claims 8-10, the thickness of the non-oriented polyethylene film may be 15 to 100 µm and an exemplary non-oriented polyethylene film of 7 layers comprises outer polyethylene layers of 8 µm and 5 µm, each tie layer being 3 µm, the gas barrier layer being 3 µm, wherein the multilayer unoriented film thickness is 35 µm, wherein the gas barrier layer is 8.5% of the overall thickness range and one or both of the outermost layers being a mono- or multi-layer sealant layer of about 23% to 37% of the overall thickness range.
Claims 1-6, 8-10, and 12-21 are rejected under 35 U.S.C. 103 as obvious over Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”) in view of Kennedy et al. (U.S. Pub. No. 2004/0048086 A1) (hereinafter “Kennedy”), as evidenced by Songhan (Exxonmobil EXACT 3027 Plastomer…) (hereinafter “Songhan”) and Itoh (JP 6076375 B2) (hereinafter “Itoh”), and further in view of Mudar et al. (U.S. Pub. No. 2002/0106429 A1) (hereinafter “Mudar”) and/or Su et al. (WO 2018/223358 A1) (hereinafter “Su”).
Regarding claims 1-6 and 12-21, Francklow teaches a multilayer lidding film (packaging laminate) that may enclose meat or cheese [0056], the lidding film being of substantially polyethylene materials for beneficial recycling [0008-0010], the laminate comprising a multilayer machine direction oriented or biaxially oriented polyethylene film (All Figs. [2]) [0016] comprising one or more layers of high-density polyethylene (known inherent density ~0.93-0.97 g/cm3) [0031-0034] adhesively (All Figs. [4]) laminated to multilayer non-oriented polyethylene film (All Figs. [3]) comprising at least one outer layer of polyethylene, such as LDPE (known inherent density range of ~0.917-0.93 g/cm3) (All Figs. [3a]) and a lower polyethylene-based (sealant) layer intended to heat seal to the package at a temperature less than the melting temperature of the oriented polyethylene substrate [0006, 0035-0038], having disposed therebetween a gas barrier layer (All Figs. [5]) comprising ethylene-vinyl alcohol copolymer having flanking first and second tie layers (All Figs. [6]) for bonding to the unoriented polyethylene layers [0025], wherein the lidding film preferably does not contain more than 5 wt% of a polymer other than polyethylene.
Further regarding claims 1, 17, and 19, Francklow does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Kennedy teaches a sealant layer for many packaging applications including bags, casings, and lidstock, the sealant layer being a monolayer or with an optional seal assist layer acceptable for use with food such as meats [0142-0142=3] having a low seal initiation temperature from about 175 °F to 300 °F (80~149 °C), most preferably 175 °F to 200 °F (~80~93 °C) [0010, claims 12-13] and high seal strength of at least 2 lb/in (~8.8 N/25.4 mm) most preferably from about 5 to 10 lb/in (22.2~44.5 N/25.4 mm) [0018, claims 40-45], wherein the sealant layer is an ionomer with a seal assist layer or a blend of a first homogenous ethylene/alpha-olefin component having a density of 0.88 to 0.92 g/cc, most preferably 0.90 to 0.91 g/cc, and a second homogenous ethylene/alpha-olefin having a density of 0.86 to 0.91 g/cc, most preferably 0.86 to 0.879 g/cc at ratio of 5:95-95:5, most preferably 70:30-50:50 [0011, 0061-0062, claims 5 & 14-15], wherein the homogenous ethylene/alpha-olefin has a peak melting temperature from about 60 to 110 °C, most preferably from about 80 to 100 °C [0101], wherein the sealant layer may additionally comprise a barrier layer, preferably ethylene/vinyl alcohol [0065, 0079], which due to its polarity is preferably bonded to non-polar (polyethylene) based layers with a tie layer, preferably comprising an anhydride-modified/grafted (linear) polyethylene [0069, 0131], wherein an exemplary outer sealant layer comprises ionomer or 65% 0.900 g/cc homogeneous ethylene/alpha-olefin copolymer/elastomer such as Exact 3027 (which also can be used alone) and 35% 0.87 g/cc homogeneous ethylene/alpha-olefin plastomer such as Tafmer P-0480, wherein the blend also works as a seal-assist layer (i.e. Affinity PM 1870 & Tamfer P-0480) [0179, 0182-0129, 0198, 0213-0217], wherein Exact 3027 comprises a melting point of 90 °C and a melt flow index/rate of 3.5 g/10 min as evidenced by Songhan and Tafmer P-0480 a melting point of 43 °C and a melt flow index/rate of 1.1 g/10 min as evidenced by Su.
AND
Mudar teaches a packaging article to be used for both flexible packaging films and with rigid packaging members such as trays [0027], wherein when packaging foodstuffs such as meats liquids contained therein may contaminate and degrading sealing areas [0002-0006], such that adding a slip agent and optionally an anti-block agent to the sealant layer in an amount of 300 to 6000 ppm (0.03 to 0.6 wt%) of a slip agent (although examples show up to 20 wt% of a slip agent being beneficially included) lowers leak rates and allows hermetic sealing through contamination [0007-0008], wherein the seal layer may preferably contain an ionomer, heterogeneous ethylene/alpha-olefin copolymer, and ethylene/unsaturated ester copolymers (i.e. EVA) but particularly preferred are homogeneous ethylene/alpha-olefin copolymers in amounts of at least about 80 wt% [0031], wherein homogeneous ethylene/alpha-olefin copolymers comprise peak melting points of about 60 °C to 105 °C, preferably about 80 °C to 100 °C [0038-0042] and comprising a density from preferably 0.87 to 0.92 g/cc and most preferably about 0.89 to 0.91 g/cc with a melt index of 1 to 20 g/10min, most preferably about 4 to 8 g/10 min [0011], wherein examples demonstrate sealing layers consisting of are homogeneous ethylene/alpha-olefin plastomers/elastomers in combination with up to 20 wt% fatty-acid based slip agents (Slip2/Slip3/Slip4) included as part of polyethylene-based masterbatches that may further include antiblock agents [Slip 1/Slip 5] [Table 2; Examples 1, 9-13, 15-16].
AND/OR
Su teaches an ethylene-based alpha-olefin heat seal outer layer, wherein to achieve low slip on a packaging layer slip agents are typically/conventionally added to the ethylene-based alpha-olefin outer layer, wherein an improvement comprises a combination fatty acid non-migratory slip agent [0002-0003] at a combined weight of about 0.01 to 5.0 wt% [0075] and an antiblock agent that minimizes or prevents blocking in an amount from about 0 to 2.0 wt% [0072].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealing layer consisting of an ionomer or polyethylene plastomer/elastomer as claimed and at least one of a slip agent or antiblock agent. One of ordinary skill would have been motivated to provide the sealing area with the benefits of ethylene/alpha-olefins and ionomer sealants as a relatively thick layer at a low cost and is able to seal around surface imperfections or contamination [Kennedy, 0005] and to provide potentially contaminated sealing areas with improved hermeticity, fewer leaks, and/or greater seal strength [Mudar] AND/OR to maintain desirable and conventional low coefficient of friction during different processing conditions such as elevated temperature and/or pressure without decreasing heat sealing ability [Su].
Regarding claims 8-10, the thickness of the non-oriented polyethylene film may be 15 to 100 µm and an exemplary non-oriented polyethylene film of 7 layers comprises outer polyethylene layers of 8 µm and 5 µm, each tie layer being 3 µm, the gas barrier layer being 3 µm, wherein the multilayer unoriented film thickness is 35 µm, wherein the gas barrier layer is 8.5% of the overall thickness range and one or both of the outermost layers being a mono- or multi-layer sealant layer of about 23% to 37% of the overall thickness range.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Francklow in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, even further in view of Paulino (U.S. Pub. No. 2016/0031191 A1) (hereinafter “Paulino”) OR Aubee et al. (U.S. Pub. No. 2009/0029182 A1) (hereinafter “Aubee”) OR Clare (U.S. Pub. No. 2019/0224952 A1) (hereinafter “Clare 2019”).
In the event that a second HDPE layer does not teach at least 20 wt% of a second ethylene-based polymer having a density of 0.958 g/cm3 or greater:
Paulino teaches an oriented polyethylene heat seal film, wherein a sealing initiation temperature is below 200 °F (93.3 °C), which is formed by a metallocene linear low density polyethylene (mLLDPE) blended with a polyolefin elastomer/plastomer [0027], wherein the oriented polyethylene layer is also preferably a blend of two or more high density polyolefin resins, wherein either one or the other would inherently be greater than 50 wt%, each comprising a density of 0.958 or 0.96 g/cc to achieve a balance of processability and film properties [0018-0019].
OR
Aubee teaches a multilayer barrier film, wherein HDPE films preferably comprise at least two different HDPEs having a density of at least 0.95 g/cc, preferably greater than 0.958 g/cc [0020] at a 30:70-70:30 weight ratio [0028-0030], wherein the blend of the two polymers allows for increased barrier properties, which allows less polar barrier polymers such as EVOH to be used or would increase overall barrier properties if the same amount were used [0006-0007, 0024, 0053].
OR
Clare teaches a recyclable polyethylene packaging laminate comprising layers of HDPE to provide stiffness at a first surface, a sealable layer at a second surface, and having an EVOH barrier layer disposed therein flanked by tie layers [0140-0143], wherein the HDPE is preferably a blend of HDPE resins comprising 10 to 30 wt% of a first HDPE A having a density of 0.95 to 0.97 g/cc, with an exemplary embodiment comprising a density of 0.963 g/cc, and a second HDPE B having a density of 0.95 to 0.97 g/cc, with exemplary embodiments ranging from 0.958-0.962 g/cc [0111-0132], wherein the blend of polyethylene homopolymers having different melt indices/molecular weight distributions provides enhanced barrier properties [0118, 0132] with further improvements being made with an EVOH barrier as required [0139].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide at least 20 wt% of a second ethylene-based polymer having a density within or near the claimed range. One of ordinary skill in the art would have been motivated to achieve a balance of processability and film properties [Paulino; 0018-0019] OR increase barrier properties in combination with or in replacement of polar polymers such as EVOH [Aubee; 0006-0007, 0024, 0053] OR to provide improved/optimized barrier performance [Clare; 0118, 0132, 0139].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Francklow in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, even further in view of Yamada et al. (U.S. Pub. No. 2021/0347148 A1) (hereinafter “Yamada”) and Wang et al. (WO 2020/190507 A1) (hereinafter “Wang”).
Regarding claim 7, the oriented polyethylene film is not taught to also comprise a barrier layer.
Yamada teaches a highly recyclable [0005, 0012] polyethylene-based laminated packaging material comprising a multilayer heat-sealable laminate comprising a gas barrier resin layer (All Figs. [11]) comprising preferably EVOH [0083-0085], an adhesive (tie) resin layer, preferably polyolefin or modified polyolefin [0097], and a heat seal layer (All Figs. [13]) comprising a polyethylene (co/ter)polymer [0098] and further adhesively laminated to a substrate (All Figs. [17]) to form the packaging laminate (All Figs. [16]), wherein the substrate is a uniaxially (machine direction) or biaxially stretched and comprising the same polyolefin as the heat seal layer, and preferably comprises at least one high-density polyethylene (known, inherent range 0.93-0.97 g/cc), and optionally a medium density polyethylene (0.926-0.94 g/cc) at a weight ratio of the HDPE of about 10% to about 50 wt% [0127-0155], wherein the substrate can be a laminated substrate (All Figs. [20]) also comprising a gas barrier resin (All Figs. [22]) [0312-0314] comprising EVOH [0360-0364], wherein the packaging film can comprise the heat-sealable laminate comprising the gas barrier resin and the laminated substrate comprising the gas barrier resin [0401-0402, 0436-0438], which can be included between any two layers in the packaging laminate [0122, 0442]. Yamada also teaches the laminated packaging material further comprises an intermediate layer also comprising polyethylene, similar to or the same as the substrate can be formed between the substrate and heat-sealable laminate, which may include the gas barrier resin thereon with a second adhesive layer disposed therebetween [0121, 0302-0303, 0408-0411, 0418-0422, 0426-0429, 0436-0438].
AND
Wang teaches a polyethylene-based packaging laminate [0011-0013] that barrier layers, such as EVOH [0096], can be layered/duplicated and laminated before or after stretching, wherein two barrier layers provide enhanced barrier properties [0095, 0108].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the polyethylene film with a barrier layer as claimed. One of ordinary skill in the art would have been motivated to provide any polyethylene film-element in a packaging laminate with a barrier layer [Yamada] to enhance barrier properties [Wang, 0108].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Francklow in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, further in view of Clare et al. (U.S. Pub. No. 2020/0398544 A1) (hereinafter “Clare 2020”) AND/OR Zheng et al. (WO 2018/063578 A1) (hereinafter “Zheng”).
Regarding claim 11, Francklow teaches the tie layer preferably comprises ethylene-(meth)acrylic acid grafted/modified polymer [0025], but does not teach an anhydride-modified linear low density polyethylene and a high/medium/low/linear low density polyethylene.
Clare 2020 teaches recyclable polyethylene packaging laminates [0001, 0030], wherein a first surface layer is a high density polyethylene and a second surface layer is a linear low density polyethylene-based sealing layer, wherein a barrier layer is disposed therein [claims 1-2, 7-8, 13-14], wherein the EVOH is bonded with tie layers comprising a blend of 80 wt% polyethylene, which comprises a linear low density polymer, and 20 wt% of a tie resin comprising maleic anhydride modified polyolefin [0124-0126], which ensures good adhesion of the ethylene vinyl alcohol with the polyethylene layers [0126].
AND/OR
Zheng teaches a tie layer B for bonding a barrier layer C such as ethylene vinyl alcohol to a polyethylene layer A, wherein the tie layer comprises 1 to 99 wt%, such as 80 to 95 wt%, of a first composition comprising an ethylene-based polymer, such as an ethylene/α-olefin interpolymer/copolymer (pg. 6), and 1-99 wt%, such as 5 to 20 wt%, of a maleic anhydride grafted polyethylene, such that it results in improved dart impact values and normalized puncture strength beneficial for packages (pg. 1, lines 10-17 & pg. 4, lines 1-18)
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the tie layer as comprising an anhydride-modified linear low density polyethylene and a claimed polyethylene. One of ordinary skill in the art would have been motivated to ensure good adhesion of the ethylene vinyl alcohol with the polyethylene layers [Clare 2020; 0126] AND/OR to improve dart impact values and normalized puncture strength beneficial for packages (Zheng; pg. 1, lines 10-17 & pg. 4, lines 1-18), optionally further motivating the use of the tie-layer blend of Clare 2020.
Claims 1-2, 7, and 12-19 are rejected under 35 U.S.C. 103 as obvious over Jones et al. (U.S. Pub. No. 2021/0370651 A1) (hereinafter “Jones”) in view of Yun et al. (U.S. Pub. No. 2018/0099492 A1) (hereinafter “Yun”) as evidenced by and further in view of Dow (Technical Information for Affinity PL 1881G) (hereinafter “Dow”), wherein claim 18 is evidenced by or further in view of Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”).
Regarding claims 1-2, 7, and 12-19, Jones teaches a recyclable, laminated polyolefin-based film structure beneficial for flexible film packaging such as pouches, bags, overwraps usable for food items, liquids, pharmaceuticals, among other consumable products [0003], the laminated polyolefin-based film comprising two or more film plies comprising a first ply comprising a polyethylene-based film (All Figs. [28]) defining an innermost sealant layer for providing a hermetic seal in a finished packaging article and preferably comprises a low seal initiation temperature/melting temperature comprising any number of polyethylene homopolymers, copolymers, and terpolymers (plastomers/elastomers) [0047, 0059] and a second ply comprising an outermost polyethylene-based film comprising any number of polyethylene homopolymers, such as HDPE (0.94~0.97 g/cc) or LDPE (0.91-0.94 g/cc), copolymers, and terpolymers (density range inherently ranging from about 0.88 to about 0.97 g/cc) and having an outer energy-cured coating [0047, 0052-0053], wherein the plies are adhered to each other via an adhesive, such as a solvent-based adhesives, solventless adhesives, and water-based adhesives [0051], wherein the first and/or second the polyethylene based film ply/plies further comprise a barrier layer comprising an ethylene-vinyl alcohol (EVOH) between an innermost/sealant and/or second/outer polyethylene layers (All Figs. [44]) attached thereto via flanking tie layers, such as maleic anhydride [0101], wherein a sealing temperature ranges from a sealing initiation temperature (initial surface layer melted) of about 80 °C to 260 °C (sealing window of 180 °C), wherein the outermost coated polyethylene-based layer comprises at least 180 °C melting temperature difference from the innermost sealant layer [0019, 0056, 0100, Table 1].
Further regarding claims 1, 17, and 19, Jones does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Yun teaches that oriented polyethylene film are adhesively laminated to an unoriented monolayer sealant film, improved over oriented sealant films that negatively impact the sealing performance and improved over common polyethylene having a narrow sealing window, comprising at least 70 wt% and up to 100 wt% (consisting of) [0047-0048] of a polyethylene plastomer or elastomer among other choices, the polyolefin plastomer comprising a single-site or metallocene catalyzed (ethylene/alpha-olefin) copolymer having a density of 0.885 to 0.915 g/cc and a melt index of 0.5 to 20 g/10 min [0050-0051], wherein an exemplary embodiment comprises Affinity PL 1881 G [0052], with wherein the heat seal initiation temperature is 105 °C or less, preferably 95 °C or less [0023, 0044] to provide a sealing window of at least 15 °C [0027], wherein the sealant layer can comprise additional non-sealant layers such as polyethylene or ethylene vinyl alcohol depending on desired properties [0074], but Yun does not motivate the usage of Affinity PL 1881 G.
Dow evidences/further teaches that Affinity PL 1881 G inherently contains a slip additive at about 750 ppm (0.075 wt%) and an antiblock additive at about 2500 (0.25 wt%), which provides a sealant excellent in hot tack strength reaching 8.8 N/25.4 mm by the seal initiation temperature at 85 °C for a low temperature sealability, ability to seal through contamination, and outstanding optics, and would be substantially polyethylene-based for compatible recycling [Francklow].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant film consisting of a polyethylene plastomer/elastomer as claimed and slip and/or antiblock agents. One of ordinary skill in the art would have been motivated to look to the art for improved sealant films over LDPE/LLDPE comprising an exemplary embodiment [Yun] that provides a sealant excellent in hot tack strength reaching 8.8 N/25.4 mm by the seal initiation temperature at 85 °C for a low temperature sealability, ability to seal through contamination, and outstanding optics [Dow].
Further regarding claim 18, in the event that the primarily polyethylene laminate as recited above is not taught to comprise at least 95 wt% polyethylene: Francklow teaches that polyethylene to be recycled should primarily comprise polyethylene materials, such as 1 to 15 wt% of a polymer other than polyethylene, preferably no more than 5 wt% in order to conform to On-Pack Recycling Label guidelines [0008, 0013]. It would have been obvious to and motivated for one of ordinary skill in the art at the time of invention to provide a recyclable polyethylene packaging element with at least 95 wt% polyethylene in order to conform to packaging recycling guidelines/codes [Francklow].
Claims 1-2, 7-10, and 12-21 are rejected under 35 U.S.C. 103 as obvious over Jones et al. (U.S. Pub. No. 2021/0370651 A1) (hereinafter “Jones”) in view of Mudar et al. (U.S. Pub. No. 2002/0106429 A1) (hereinafter “Mudar”), as evidenced by or further in view of Entec (Dow Affinity PL 1280 G Polyolefin) (hereinafter “Entec”), wherein claim 18 is evidenced by or (even) further in view of Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”).
Regarding claims 1-2, 7, and 12-19, Jones teaches a recyclable, laminated polyolefin-based film structure beneficial for flexible film packaging such as pouches, bags, overwraps usable for food items, liquids, pharmaceuticals, among other consumable products [0003], the laminated polyolefin-based film comprising two or more film plies comprising a first ply comprising a polyethylene-based film (All Figs. [28]) defining an innermost sealant layer for providing a hermetic seal in a finished packaging article and preferably comprises a low seal initiation temperature/melting temperature comprising any number of polyethylene homopolymers, copolymers, and terpolymers (plastomers/elastomers) [0047, 0059] and a second ply comprising an outermost polyethylene-based film comprising any number of polyethylene homopolymers, such as HDPE (0.94~0.97 g/cc) or LDPE (0.91-0.94 g/cc), copolymers, and terpolymers (density range inherently ranging from about 0.88 to about 0.97 g/cc) and having an outer energy-cured coating [0047, 0052-0053], wherein the plies are adhered to each other via an adhesive, such as a solvent-based adhesives, solventless adhesives, and water-based adhesives [0051], wherein the first and/or second the polyethylene based film ply/plies further comprise a barrier layer comprising an ethylene-vinyl alcohol (EVOH) between an innermost/sealant and/or second/outer polyethylene layers (All Figs. [44]) attached thereto via flanking tie layers, such as maleic anhydride [0101], wherein a sealing temperature ranges from a sealing initiation temperature (initial surface layer melted) of about 80 °C to 260 °C (sealing window of 180 °C), wherein the outermost coated polyethylene-based layer comprises at least 180 °C melting temperature difference from the innermost sealant layer [0019, 0056, 0100, Table 1].
Further regarding claims 1, 17, and 19, Jones does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Mudar teaches a packaging article to be used for both flexible packaging films and with rigid packaging members such as trays [0027], wherein when packaging foodstuffs such as meats liquids contained therein may contaminate and degrading sealing areas [0002-0006], such that adding a slip agent and optionally an anti-block agent to the sealant layer in an amount of 300 to 6000 ppm (0.03 to 0.6 wt%) of a slip agent (although examples show up to 20 wt% of a slip agent being beneficially included) lowers leak rates and allows hermetic sealing through contamination [0007-0008], wherein the seal layer may preferably contain an ionomer, heterogeneous ethylene/alpha-olefin copolymer, and ethylene/unsaturated ester copolymers (i.e. EVA) but particularly preferred are homogeneous ethylene/alpha-olefin copolymers in amounts of at least about 70 wt% or even at least about 80 wt% [0031], wherein homogeneous ethylene/alpha-olefin copolymers comprise peak melting points of about 60 °C to 105 °C, preferably about 80 °C to 100 °C [0038-0042] and comprising a density from preferably 0.87 to 0.92 g/cc and most preferably about 0.89 to 0.91 g/cc with a melt index of 1 to 20 g/10min, most preferably about 4 to 8 g/10 min [0011], wherein examples demonstrate sealing layers consisting of Affinity PL 1280 (ssPE1) having a density of 0.900 g/cc and a melt index of 6.0 being used beneficially in combination with up to 20 wt% slip agent and optionally an antiblock masterbatch (AB1) based on Affinity PF 1140 (ssPE3) and fatty-acid based slip agents (Slip2/Slip3/Slip4) included as part of (linear) low density polyethylene-based masterbatches that may further include antiblock agents [Slip 1/Slip 5] [Table 2; Examples 1, 9-13, 15-16], wherein Entec evidences/further teaches that Affinity PL 1280 (or an updated form thereof) has a melting point of 96.1 °C and a seal initiation temperature 87.8 °C (Internal Method being the Dow Method, wherein SIT is the temperature at which the seal strength reaches 8.8 N/25.4 mm).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant film consisting of a polyethylene plastomer/elastomer as claimed and slip and/or antiblock agents. One of ordinary skill in the art would have been motivated to look to the art to provide a strong leakproof and hermetic seal through contamination for foodstuffs, such as meat that comprise liquid components [Mudar] or an updated form thereof [Entec].
Regarding claims 8-10, Mudar also provides some exemplary thicknesses [Table 1] of the proposed seal multilayer structure being 5 mil (127 µm), the tie layer being 1 mil (25.4 µm), and the barrier layer being 2 mil (50.8 µm), wherein the one or more of the optional core layers may be attributable to the outer layer of the first ply and/or the inner layer of the second ply and the outer/abuse layer may be attributable the outer layer of the second ply [0078-0079] giving an approximate total thickness of 8 to 17 mils, wherein the barrier structure would be about 12 to 25% of the overall thickness of the multilayer film and the sealant layer would be about 30-62% of the overall thickness of the multilayer film.
Further regarding claim 18, in the event that the primarily polyethylene laminate as recited above is not taught to comprise at least 95 wt% polyethylene: Francklow teaches that polyethylene to be recycled should primarily comprise polyethylene materials, such as 1 to 15 wt% of a polymer other than polyethylene, preferably no more than 5 wt% in order to conform to On-Pack Recycling Label guidelines [0008, 0013]. It would have been obvious to and motivated for one of ordinary skill in the art at the time of invention to provide a recyclable polyethylene packaging element with at least 95 wt% polyethylene in order to conform to packaging recycling guidelines/codes [Francklow].
Claims 1-2, 7, 9-10, and 12-21 are rejected under 35 U.S.C. 103 as obvious over Jones et al. (U.S. Pub. No. 2021/0370651 A1) (hereinafter “Jones”) in view of Kennedy et al. (U.S. Pub. No. 2004/0048086 A1) (hereinafter “Kennedy”), as evidenced by Songhan (Exxonmobil EXACT 3027 Plastomer…) (hereinafter “Songhan”) and Itoh (JP 6076375 B2) (hereinafter “Itoh”), and Mudar et al. (U.S. Pub. No. 2002/0106429 A1) (hereinafter “Mudar”) and/or Su et al. (WO 2018/223358 A1) (hereinafter “Su”), wherein claim 18 is evidenced by or even further in view of Francklow et al. (U.S. Pub. No. 2023/0088010 A1) (hereinafter “Francklow”).
Regarding claims 1-2, 7, and 12-19, Jones teaches a recyclable, laminated polyolefin-based film structure beneficial for flexible film packaging such as pouches, bags, overwraps usable for food items, liquids, pharmaceuticals, among other consumable products [0003], the laminated polyolefin-based film comprising two or more film plies comprising a first ply comprising a polyethylene-based film (All Figs. [28]) defining an innermost sealant layer for providing a hermetic seal in a finished packaging article and preferably comprises a low seal initiation temperature/melting temperature comprising any number of polyethylene homopolymers, copolymers, and terpolymers (plastomers/elastomers) [0047, 0059] and a second ply comprising an outermost polyethylene-based film comprising any number of polyethylene homopolymers, such as HDPE (0.94~0.97 g/cc) or LDPE (0.91-0.94 g/cc), copolymers, and terpolymers (density range inherently ranging from about 0.88 to about 0.97 g/cc) and having an outer energy-cured coating [0047, 0052-0053], wherein the plies are adhered to each other via an adhesive, such as a solvent-based adhesives, solventless adhesives, and water-based adhesives [0051], wherein the first and/or second the polyethylene based film ply/plies further comprise a barrier layer comprising an ethylene-vinyl alcohol (EVOH) between an innermost/sealant and/or second/outer polyethylene layers (All Figs. [44]) attached thereto via flanking tie layers, such as maleic anhydride [0101], wherein a sealing temperature ranges from a sealing initiation temperature (initial surface layer melted) of about 80 °C to 260 °C (sealing window of 180 °C), wherein the outermost coated polyethylene-based layer comprises at least 180 °C melting temperature difference from the innermost sealant layer [0019, 0056, 0100, Table 1].
Further regarding claims 1, 17, and 19, Jones does not teach the sealant layer as consisting of at least 70 wt% of an ionomer of an ethylene acid copolymer or polyethylene elastomer/plastomer having a highest peak melting temperature (Tm) of 100 °C or less and slip and/or antiblock agents.
Kennedy teaches a sealant layer for many packaging applications including bags, casings, and lidstock, the sealant layer being a monolayer or with an optional seal assist layer having an equivalent sealing initiation/melting temperature acceptable for use with food such as meats [0142-0142=3] having a low seal initiation temperature from about 175 °F to 300 °F (80~149 °C), most preferably 175 °F to 200 °F (~80~93 °C) [0010, claims 12-13] and high seal strength of at least 2 lb/in (~8.8 N/25.4 mm) most preferably from about 5 to 10 lb/in (22.2~44.5 N/25.4 mm) [0018, claims 40-45], wherein the sealant layer is an ionomer with a seal assist layer or a blend of a first homogenous ethylene/alpha-olefin component having a density of 0.88 to 0.92 g/cc, most preferably 0.90 to 0.91 g/cc, and a second homogenous ethylene/alpha-olefin having a density of 0.86 to 0.91 g/cc, most preferably 0.86 to 0.879 g/cc at ratio of 5:95-95:5, most preferably 70:30-50:50 [0011, 0061-0062, claims 5 & 14-15] with an optional seal assist layer, wherein the homogenous ethylene/alpha-olefin has a peak melting temperature from about 60 to 110 °C, most preferably from about 80 to 100 °C [0101], wherein the sealant layer may additionally comprise a barrier layer, preferably ethylene/vinyl alcohol [0065, 0079], which due to its polarity is preferably bonded to non-polar (polyethylene) based layers with a tie layer, preferably comprising an anhydride-modified/grafted (linear) polyethylene [0069, 0131], wherein an exemplary outer sealant layer comprises ionomer or 65% 0.900 g/cc homogeneous ethylene/alpha-olefin copolymer/elastomer such as Exact 3027 (which also can be used alone) and 35% 0.87 g/cc homogeneous ethylene/alpha-olefin plastomer such as Tafmer P-0480, wherein the blend also works as a seal-assist layer (i.e. Affinity PM 1870 & Tamfer P-0480) [0179, 0182-0129, 0198, 0213-0217], wherein Exact 3027 comprises a melting point of 90 °C and a melt flow index/rate of 3.5 g/10 min as evidenced by Songhan and Tafmer P-0480 a melting point of 43 °C and a melt flow index/rate of 1.1 g/10 min as evidenced by Su.
AND
Mudar teaches a packaging article to be used for both flexible packaging films and with rigid packaging members such as trays [0027], wherein when packaging foodstuffs such as meats liquids contained therein may contaminate and degrading sealing areas [0002-0006], such that adding a slip agent and optionally an anti-block agent to the sealant layer in an amount of 300 to 6000 ppm (0.03 to 0.6 wt%) of a slip agent (although examples show up to 20 wt% of a slip agent being beneficially included) lowers leak rates and allows hermetic sealing through contamination [0007-0008], wherein the seal layer may preferably contain an ionomer, heterogeneous ethylene/alpha-olefin copolymer, and ethylene/unsaturated ester copolymers (i.e. EVA) but particularly preferred are homogeneous ethylene/alpha-olefin copolymers in amounts of at least about 80 wt% [0031], wherein homogeneous ethylene/alpha-olefin copolymers comprise peak melting points of about 60 °C to 105 °C, preferably about 80 °C to 100 °C [0038-0042] and comprising a density from preferably 0.87 to 0.92 g/cc and most preferably about 0.89 to 0.91 g/cc with a melt index of 1 to 20 g/10min, most preferably about 4 to 8 g/10 min [0011], wherein examples demonstrate sealing layers consisting of are homogeneous ethylene/alpha-olefin plastomers/elastomers in combination with up to 20 wt% fatty-acid based slip agents (Slip2/Slip3/Slip4) included as part of (linear) low density polyethylene-based masterbatches that may further include antiblock agents [Slip 1/Slip 5] [Table 2; Examples 1, 9-13, 15-16].
AND/OR
Su teaches an ethylene-based alpha-olefin heat seal outer layer, wherein to achieve low slip on a packaging layer slip agents are typically/conventionally added to the ethylene-based alpha-olefin outer layer, wherein an improvement comprises a combination fatty acid non-migratory slip agent [0002-0003] at a combined weight of about 0.01 to 5.0 wt% [0075] and an antiblock agent that minimizes or prevents blocking in an amount from about 0 to 2.0 wt% [0072].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealing layer consisting of an ionomer or polyethylene plastomer/elastomer as claimed and at least one of a slip agent or antiblock agent. One of ordinary skill would have been motivated to provide the sealing area with the benefits of ethylene/alpha-olefins and ionomer sealants as a relatively thick layer at a low cost and is able to seal around surface imperfections or contamination [Kennedy, 0005] and to provide potentially contaminated sealing areas with improved hermeticity, fewer leaks, and/or greater seal strength [Mudar], such as providing the 5 wt% LDPE in a sealant film example in Kennedy [0126] as a slip/antiblock LDPE-based masterbatch, AND/OR to maintain desirable and conventional low coefficient of friction during different processing conditions such as elevated temperature and/or pressure without decreasing heat sealing ability [Su].
Further regarding claims 13-14, 17, and 19, the combinations of Exact 3027 (or SLP9042) and Tafmer P-0480 (blends of homogeneous ethylene/alpha-olefins, wherein one has a slightly lower density, having a Tm below 100 °C)) [Seal Key G & I, Table X1] give the highest bonding strengths to themselves, reaching 2 lb/in at 200 °F (8.8 N/25.4 mm at 93 °C) and between 5 and 10 lb/in at 220 °F (between 22.2 and 44.5 N/25.4 mm at about 105 °C) and above 10 lb/in at 250 °F (>44.5 N/25.4 mm at about 120 °C); seals of ionomers (Suryln 1705/1650) to themselves being between 2 and 5 at 200 °F (between 8.8 and 22.5 N/25.4 mm at 93 °C), between 7 and 9 lb/in at 220 °F (between 31.1 and 40.0 N/25.4 mm at about 105 °C), and between 8 and 10 lb/in at 220 °F (between 35.6 and 44.5 N/25.4 mm at about 120 °C); and seals of ionomer (Suryln 1650) capped multilayer sealants (i.e. seal assisted) to themselves, behaving the same or somewhat less (up to ~33% less) than ionomers alone, being above 5 lbs/in at 200 °F (~22.5 N/25.4 mm at93 °C) and above 6 lb/in at 220 °F (~26.7 N/25.4 mm at about 105 °C) and above 7 lb/in by 250 °F (~31.1 at about 120 °C) [Fig. 28; H to H, wherein blended polyethylene plastomer/elastomer capped multilayer sealants would have been expected to perform the same as the blended monolayers or somewhat worse (up to ~33% less) but still within or obviously near the claimed ranges (i.e. 0.66 lb/in at 200 °F, 8.8 N/25.4 mm at 93 °C; between 5 and 10 lb/in at 220 °F; between 7.4 and 14.8 N/25.4 mm at about 105 °C) and above 10 lb/in at 250 °F (>14.8 at about 120 °C).
Regarding claims 8-10, no particular layer thicknesses for the layers of the first ply are taught.
Kennedy further teaches, in a multilayer film, the outer sealant layer (with the optional seal assist) as comprising 1 to 20%, most preferably 6 to 8%, and with the seal assist layer forming 11 to 70%, most preferably 16 to 38%, of the film thickness the sealant and seal assist comprising at least 0.15 to 3 mil (3.8 to 76.8 µm), more preferably 0.5 to 1 mil (12.7 to 25.4 µm) of a film having 0.5 to 15 mil (12.7 to 381 µm), preferably 2 to 8 mils (50.8 to 203.2 µm) [0016, 0125], which also gives an approximate preferable range of 6 to 50% of the overall thickness of the multilayer film. Furthermore, exemplary thicknesses are given for a seal/seal assist in comprising 27% or 40% the thickness with the remainder comprising a bulk layer [0129-0130]. Alternatively, exemplary tie and EVOH barrier layers are given with 7%/10% and 6% of the total thickness of the multilayer film and the structural thermoforming/abuse layer(s) being 6 to 52% considered as part of the outer bondable layer of the multilayer film [0132-0133]. As applied to the structure of the first ply of Jones innermost sealant/tie/barrier/tie/outer structural bonding layer gives an estimated sealant layer relative thickness of about 27 to 51% of the overall film thickness and an estimated barrier layer relative thickness of about 6 to about 10%.
Further regarding claim 18, in the event that the primarily polyethylene laminate as recited above is not taught to comprise at least 95 wt% polyethylene: Francklow teaches that polyethylene to be recycled should primarily comprise polyethylene materials, such as 1 to 15 wt% of a polymer other than polyethylene, preferably no more than 5 wt% in order to conform to On-Pack Recycling Label guidelines [0008, 0013]. It would have been obvious to and motivated for one of ordinary skill in the art at the time of invention to provide a recyclable polyethylene packaging element with at least 95 wt% polyethylene in order to conform to packaging recycling guidelines/codes [Francklow].
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, even further in view of Grefenstein (U.S. Pub. No. 2020/0122439 A1) (hereinafter “Grefenstein”).
Regarding claims 3-5, an oriented film of uniaxial/biaxial orientation is not taught.
Grefenstein teaches a sealable packaging laminate comprising a gas barrier layer comprising EVOH [0003], wherein it is preferred for reasons of recyclability to produce packaging laminate consisting of a single material whenever possible, such as only polyethylene-based materials or with acceptably low quantities of compatible plastics [0007], and wherein it is known to alter properties of the packaging laminate via uniaxial in the machine/ longitudinal direction or in a bi-directional orientation in order to improve rigidity, tensile strength, toughness, and transparency, and if included barrier properties [0006, 0041, 0043].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide orientation in the machine direction (uniaxial) and also optionally in the traverse direction (biaxial) direction. One of ordinary skill in the art would have been motivated to provide an improved rigidity, tensile strength, toughness, and transparency [0006, 0041, 0043].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, even further in view of Paulino (U.S. Pub. No. 2016/0031191 A1) (hereinafter “Paulino”) OR Aubee et al. (U.S. Pub. No. 2009/0029182 A1) (hereinafter “Aubee”) OR Clare (U.S. Pub. No. 2019/0224952 A1) (hereinafter “Clare 2019”).
Regarding claim 6, the prior art does not teach the polyethylene substrate as further comprising a second ethylene-based polymer as claimed.
Paulino teaches an oriented polyethylene heat seal film, wherein a sealing initiation temperature is below 200 °F (93.3 °C), which is formed by a metallocene linear low density polyethylene (mLLDPE) blended with a polyolefin elastomer/plastomer [0027], wherein the oriented polyethylene layer is also preferably a blend of two or more high density polyolefin resins, wherein either one or the other would inherently be greater than 50 wt%, each comprising a density of 0.958 or 0.96 g/cc to achieve a balance of processability and film properties [0018-0019].
OR
Aubee teaches a multilayer barrier film, wherein HDPE films preferably comprise at least two different HDPEs having a density of at least 0.95 g/cc, preferably greater than 0.958 g/cc [0020] at a 30:70-70:30 weight ratio [0028-0030], wherein the blend of the two polymers allows for increased barrier properties, which allows less polar barrier polymers such as EVOH to be used or would increase overall barrier properties if the same amount were used [0006-0007, 0024, 0053].
OR
Clare teaches a recyclable polyethylene packaging laminate comprising layers of HDPE to provide stiffness at a first surface, a sealable layer at a second surface, and having an EVOH barrier layer disposed therein flanked by tie layers [0140-0143], wherein the HDPE is preferably a blend of HDPE resins comprising 10 to 30 wt% of a first HDPE A having a density of 0.95 to 0.97 g/cc, with an exemplary embodiment comprising a density of 0.963 g/cc, and a second HDPE B having a density of 0.95 to 0.97 g/cc, with exemplary embodiments ranging from 0.958-0.962 g/cc [0111-0132], wherein the blend of polyethylene homopolymers having different melt indices/molecular weight distributions provides enhanced barrier properties [0118, 0132] with further improvements being made with an EVOH barrier as required [0139].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide at least 20 wt% of a second ethylene-based polymer having a density within or near the claimed range. One of ordinary skill in the art would have been motivated to achieve a balance of processability and film properties [Paulino; 0018-0019] OR increase barrier properties in combination with or in replacement of polar polymers such as EVOH [Aubee; 0006-0007, 0024, 0053] OR to provide improved/optimized barrier performance [Clare; 0118, 0132, 0139].
Claims 8 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, further in view of Zheng et al. (WO 2018/063578 A1) (hereinafter “Zheng”).
Regarding claims 8 and 11, while maleic anhydride is suggested, a specific tie layer composition or thickness is not taught.
Zheng teaches a tie layer B for bonding a barrier layer C such as ethylene vinyl alcohol to a polyethylene layer A, wherein the tie layer comprises 1 to 99 wt%, such as 80 to 95 wt%, of a first composition comprising an ethylene-based polymer, such as an ethylene/α-olefin interpolymer/copolymer (pg. 6), and 1-99 wt%, such as 5 to 20 wt%, of a maleic anhydride grafted polyethylene, such that it results in improved dart impact values and normalized puncture strength beneficial for packages (pg. 1, lines 10-17 & pg. 4, lines 1-18), wherein the EVOH is 0.2 or 0.4 mil of a 4 mil film giving a calculated thickness percentage of 5% or 10% (Example 7, pgs. 46-47).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the tie layer as comprising an anhydride-modified linear low-density polyethylene and a claimed polyethylene with the barrier layer having a thickness percentage in relation to the overall film as claimed. One of ordinary skill in the art would have been motivated to improve dart impact values and normalized puncture strength beneficial for packages (Zheng; pg. 1, lines 10-17 & pg. 4, lines 1-18).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, further in view of Wanic (U.S. Pub. No. 2002/0150781 A1) (hereinafter “Wanic”).
Regarding claims 9-10, a sealant layer thickness in units or in relation to the film is not taught.
Wanic teaches that a seal multilayer film comprises a thickness of 0.3 to 20 mil, preferably 1 to 3 mil, wherein the sealant layer comprises 3% to 80% of that preferred thickness [0067-0068] for a calculated sealant thickness range of about 0.76 to 60.9 microns.
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a sealant thickness within or optimized to be within the claimed range. One of ordinary skill in the art would have been motivated to look to the art for values regarding a similar product having the same use.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Yun/Dow OR Mudar(/Entec) OR Kennedy/Mudar or Su, as applied to claim 1 above, alone or further in view of Ochiai et al. (JP 11-320739 A) (hereinafter “Ochiai”) and Banangi (CN 102825875 A) (hereinafter “Banangi”).
In the event that an outer layer of the non-sealant ply comprising low density polyethylene contacting the adhesive is not taught:
Ochiai teaches a bonding/lamination layer on the multilayer sealant film adjacent the adhesive comprising a low-density polyethylene [0008-0009, 0011], wherein the base film is an oriented high-density polyethylene in view of Grefenstein.
Banangi teaches an innermost sealing multilayer film (Fig. 2 [402/404/406]) [0054] attached to a barrier film (Fig. 2 [306/304/302]) via a tie layer (Fig. 2 [408]), which is attached to a skin/surface layer (Fig. 2 [210]) via a second tie layer (Fig. 2 [212]) and a multilayer outer film (Fig. 2 [202/204/206]) is bonded via an adhesive layer (Fig. 2 [208]) to the skin/surface layer, wherein the lowest composite layer (Fig. 2 [206]) comprises a blend of LDPE and LLDPE and/or HDPE [0052, 0057] and a main layer of HDPE (Fig. 2 [204]) and an outermost printed layer (Fig. 2 [202]) and wherein the skin layer comprises a low density polyethylene that facilitates bonding of the layers in the composite sheet [0049, 0052].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a LDPE-based layer as one of a few limited choices in addition to an HDPE main film. One of ordinary skill in the art would have been motivated to provide an attachment/lamination layer [Ochiai] to the base film as well as the skin/surface layer [Banangi; 0049, 0052, 0057].
Conclusion
U.S. Pub. No. 2011/0252745 A1 teaches slip agents [0200-0201, 0204-0205] and anti-blocking [0202-0203] and for sealant layers having a combined weight of 0-10 wt% [0198].
U.S. Pub. No. 2002/0172834 A1 teaches sealing ionomers, wherein at least one is nearly identical except containing slip and antiblock additive [0118].
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/JEFFREY A VONCH/Primary Examiner, Art Unit 1781 February 12th, 2026