CTNF 17/995,538 CTNF 99613 DETAILED ACTION Continued Examination Under 37 CFR 1.114 07-42-04 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/15/2026 has been entered. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the 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 (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 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 that the 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 manner in which the invention was made. 07-21-aia AIA Claim s 1-12 and 16-17, are rejected under 35 U.S.C. 103 as being unpatentable over US6228201 to Cooper et al . Regarding Claim 1-5 and 8, Cooper teaches Inventive Ex. 9 which is Inventive Resin B [Table 2] wherein Resin B comprises a blend of 75 parts of LDPE Resin A [Table 1] wherein LDPE denotes low density homopolymer polyethylene [Table 1 sub-notes]. As seen in Table 1, Resin A has a melt strength of 7.37 cN, a density of 0.922 g/cm 3 (reading on 0.9210 – 0.9275 g/cm 3 ) and a melt index of 5 g/10 min (reading on greater than 4.5 g/10 min) wherein melt strength and melt index are measured at 190°C [Col 5, L 5-9] thereby reading on all elements of claims 1-4, and 8. Cooper’s example [Table 1] teaches a melt strength of 7.37 cN as set forth above and therefore does not teach the polyethylene homopolymer having a melt strength of greater than or equal to 5.5 cN and less than or equal to 7.0 cN. However, Cooper teaches the melt strength can be lowered in order to provide improved pinhole resistance [Col 3, L62-65]. Therefore, the melt strength can be optimized to reach the desired pinhole resistance via a routine optimization. Case law has held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch , 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to decrease the melt strength of the intended polyethylene homopolymer via a routine optimization, thereby obtaining the present invention. Regarding Claim 6, Cooper teaches the low-density polyethylene homopolymer of claim 1, having a melt strength of 5.5-7.0 cN and a melt index of 5 g/10 min [table 1] which is greater than the value of 6 which is reasonably calculated from -.780 cN/g/10min * (5 g/10 min) + 9.9 cN, thereby reasonably reading on the formula set forth in claim 6. Though the prior art range is not identical to the claimed range, it does overlap. It has been held that, 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 USPG 90 (CCPA 1976) (MPEP 2144.05) Regarding Claim 7, Cooper teaches the low-density polyethylene homopolymer of claim 1, wherein the low-density polyethylene preferably has a Mw/Mn value of 5.5-8 [Col 17, L 17-20] (i.e., greater or equal to 7.2). Though the prior art molecular weight distribution range is not identical to the claimed range, it does overlap. It has been held that, 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 USPG 90 (CCPA 1976) (MPEP 2144.05). Regarding Claim 9-12, Cooper teaches the low-density polyethylene homopolymer of claim 1 as set forth above and incorporated herein by reference. Cooper does not teach hexane extractable levels, Mz (conv), or a light scattering parameter. Consequently, the Office recognizes that all of the claimed effects or physical properties are not positively stated by the reference(s). However, Cooper, as detailed in the rejection of Claim 1, teaches the same homopolymer with the same melt strength, density, and melt index of instant claims. The homopolymer of Cooper is also made under high pressure, free-radical initiated conditions [Cooper, Col 14, L1-4] performed in the instant specification [0024]. Therefore, the claimed effects and physical properties - i.e. extractable levels, Mz (conv), or a light scattering parameter - would implicitly be achieved in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. See In Re Spada , 911, F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) and MPEP 2111.01 (I)(II). If it is applicant’s position that this would not be the case: (1) evidence would need to be provided to support the applicant’s position and (2) it would be the Office’s position that the application contains inadequate disclosure as to how to obtain the claimed properties in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. Regarding Claim 16, Cooper teaches the low-density polyethylene homopolymer of claim 1, wherein the broader disclosure teaches the melt index of the component polymers are in a range of 1-50 g/10 min [Col18, L23-28] thereby reasonably reading on the instantly claimed range of greater than or equal to 5.6 g/10 min. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to select a higher melt index than the preferred embodiment, as suggested by Coopers’ broader disclosure. The motivation would have been that a higher melt index can reduce the number of pinholes per cm 2 . This correlation is noted as the increasing melt index of resins in table 1 corresponds to a decreasing number of pinholes per cm 2 as seen in table 2. This would have been valuable as there is a need to make a composition that can be used to make pinhole-free disposable containers [col2, L33-38]. Regarding Claim 17, Cooper teaches a density of 0.922 g/cm 3 [Table 1] which lies just outside the instantly claimed range of 0.9240 – 0.9275 g/cm 3 . It is the Office's position that the values are close enough that one of ordinary skill in the art would have expected similar properties. A prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner , 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2144.05 . 07-22-aia AIA Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US6228201 to Cooper et al . as applied to claim 1 above, and further in view of WO2017/146981 to Karjala et al . Regarding Claim 18, Cooper teaches the low-density polyethylene homopolymer of claim 1 as set forth above and incorporated herein by reference. Cooper is silent regarding the low-density polyethylene has a gel permeation chromatography branching ratio greater than or equal to 2.3 and less than or equal to 3.2. However, Karjala teaches ethylene-based polymers [title] wherein an ethylene-based polymer is a low-density polyethylene and has a gel permeation chromatography branching ratio of 2.0-4.0 [Karjala, P4, L16-20]. Cooper and Karjala are analogous art as they are from the same field of endeavor, namely ethylene polymers. Before the effective filing date of the instantly claimed invention, it would have been obvious to one of ordinary skill in the art to prepare the LDPE of Cooper with a branching ratio of 2.0-4.0 as taught by Karjala. The motivation would have been that this range of long branching contribute to the desired melt strength and improved processibility [Karjala, P29, L5-7]. Response to Arguments Applicants' arguments filed 4/23/2026 have been fully considered but are not persuasive. A. Applicant states that Cooper expressly teaches that reducing melt strength to improve pinhole resistance is not routine, and that Cooper teaches that its specific polymer is an exception to the rule that higher melt strength generally is more resistant to pinholing, and the exception to the general rule disclosed in Cooper is limited to its very specific polymer. a. In response, it is acknowledged that Cooper teaches both higher melt strengths are expected to be required to resist pinholing [Col3 L47-49]. However, Cooper also teaches that a lower melt strength provided improved pinhole resistance and specifically points to a range of less than equal to about 6.5 cN [Col3, L61-65] (i.e., reasonably reading on 5.5 cN to 7.0 cN of instant claims). Therefore it would have been oblivious to one having ordinary skill in the art at the time of the invention to decrease the melt strength using the range taught by Cooper of less than or equal to 6.5 cN in order to improve pinhole resistance. B. Applicant states a person of ordinary skill in the art would recognize that lowering melt strength for examples, will affect the other properties of the LDPE and it is difficult to balance multiple properties of LDPE. Moreover applicant states Cooper provides no teaching on how to produce a polymer that reaches this balance or how adjusting melt strength in an LDPE homopolymer would interact with density and melt index to achieve the performance recited in claim 1. a. In response, it is noted that Cooper does teach how to produce a polymer with a lower melt strength, such as higher monomer inlet temperatures to the reactor and/or telogen utilization can control the melt strength of the resultant polymer towards lower values [Col20, L40-44] or that a narrower molecular weight distribution polymer generally has a lower melt strength value [Col20, L49-52]. Moreover, Cooper states that melt index is generally inversely proportional to the melt strength of the polymer [Col18, L13-17], therefore, a reduction of melt strength would lead to an increase of melt index and still read on a melt index is greater than or equal to 4.5 g/10 min of the instant claim 1. For these reasons, applicant's arguments are not found convincing. Conclusion 07-39 AIA THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN MITCHELL DARLING whose telephone number is (703)756-5411. The examiner can normally be reached Monday - Friday 7:30am - 5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARRIE LANEE REUTHER can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEVIN MITCHELL DARLING/Examiner, Art Unit 1764 /MELISSA A RIOJA/Primary Examiner, Art Unit 1764 Application/Control Number: 17/995,538 Page 2 Art Unit: 1764 Application/Control Number: 17/995,538 Page 3 Art Unit: 1764 Application/Control Number: 17/995,538 Page 4 Art Unit: 1764 Application/Control Number: 17/995,538 Page 5 Art Unit: 1764 Application/Control Number: 17/995,538 Page 6 Art Unit: 1764 Application/Control Number: 17/995,538 Page 7 Art Unit: 1764 Application/Control Number: 17/995,538 Page 8 Art Unit: 1764 Application/Control Number: 17/995,538 Page 9 Art Unit: 1764
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