DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/11/2025 has been entered.
Status of Application
Applicant’s amendments filed on 07/11/2025 have been entered.
Claims 1-2, 6-8, 10, and 12-18 are currently pending.
Claims 16-18 have been withdrawn.
Claim Rejections - 35 USC § 103
Claim 1-2, 6, 8, 10, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pudleiner et al (US 2019/0143653 A1) in view of Crawford et al. (WO 2018/035337 A1) and APR (NPL).
Regarding Claim 1, Pudleiner teaches a thermoformable article (Paragraph 0002) comprising a multilayer film (Abstract). Pudleiner teaches comprises outer layer, layer A1, which can include a TMCD modified PET (Paragraph 0041) and a core layer, layer B, of polyethylene terephthalate (PET). (Paragraph 0018). Pudleiner teaches the article should be transparent/clear. (Paragraph 0130).
Pudleiner does not teach the claimed TMCD modified PET composition.
Crawford teaches a TMCD modified PET composition (Abstract), comprises a dicarboxylic acid component comprising 90 to 100 mole % of terephthalic acid residues and 0 to 10 mole % of aromatic dicarboxylic acid residues having up to 20 carbon atoms and a (b) a diol component comprising: 30 to 42 mole % of 2,2,4,4-tetramethyl-1,3-cyclobutanediol residues and 58-70 mol% of ethylene glycol. Crawford does not require any CHDM in the polyester. (Claim 1 of Crawford). These ranges overlap the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Crawford teaches this TMCD copolyester provides the advantage of improved strength, durability and mechanical properties over conventional polymers. (Paragraph 0006-0007, 0015) Thus, it would have been obvious to one with ordinary skill in the art to use the claimed TMCD modified PET taught by Crawford as the TMCD modified PET in Pudleiner for the improved physical properties.
Pudleiner teaches layer B is approximately 250 to 1600 microns thick and layer A can be 25 to 500 microns thick. (Paragraph 0129). Crawford teaches layer A has 0 to 10 mole % of aromatic dicarboxylic acid residues having up to 20 carbon atoms and 30-42 mole % of 2,2,4,4-tetramethyl-1,3-cyclobutanediol residues. This allows the wt% of the other comonomer content to overlap the claimed wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Pudleiner and Crawford do not teach the article has the claimed melt-temperature and is hot-fillable and recyclable.
APR teaches PET resins are Resin Identification Code 1 (Page 4) and should made with RIC designation in mind, to ensure the PET resin product can be handled in the recycling industry, due to the large use of PET worldwide. (Page 3). Thus, it would have been obvious to one with ordinary skill in the art to ensure the article of Ishida is recyclable under RIC-1 and ensure the product is better for the environment.
However, as Pudleiner and Crawford teaches the claimed composition and structure and method of making, as discussed below, the article taught by Pudleiner and Crawford would inherently have the same physical properties, such as being hot-fillable. Furthermore, APR teaches PET article should have a melting point of 225 and 255 degrees C in a RIC-1 stream, as this ensures the PET product from damaging recycling infrastructure when it is melted (Page 5), which allows the article to be hot-fillable.
Regarding Claim 2, Pudleiner teaches the Tg of layer B is 80 to 150 degrees C. (Paragraph 0008). Crawford teaches the Tg of the polyester can be greater than 100 degrees C, 95 to 100 degrees C, or 102 to 108 degrees C (Claim 8 of Crawford; Paragraph 0016, 0190). These overlap the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). While Pudleienr and Crawford does not specifically teach the Tg is determined using the claimed device and scan rate, the method of determining a glass transition temperature does not change the glass transition temperature of the material.
Regarding Claim 6, Pudleiner teaches layer B is approximately 250 to 1600 microns thick and layer A can be 25 to 500 microns thick. (Paragraph 0129). This overlaps the weight to overlap the claimed range.
Regarding Claim 8, Furthermore, APR teaches PET article should have a melting point of 225 and 255 degrees C in a RIC-1 stream, as this ensures the PET product from damaging recycling infrastructure when it is melted (Page 5), which allows the article to be hot-fillable at the claimed ranges.
Regarding Claim 10, Pudleiner teaches the material is reusable. (Paragraph 0137).
Regarding Claim 12, Pudleiner teaches the article can have a thickness of 300 to 2000 microns. (Paragraph 0125). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 13, Pudleiner teaches this multilayer sheet is formed through co-extrusion. (Paragraph 0132).
Regarding Claim 14, Pudleiner teaches a structure of A1/B or A1/B/A1. (Claim 1 of Pudleiner).
Regarding Claim 15, Pudleiner teaches the article can be used in medical/healthcare supplies. (Paragraph 0137).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pudleiner, Crawford and APR, in further view of Ishida (JP 2015-131407 A).
Regarding Claim 7, Pudleiner teaches the material should be transparent (Paragraph 0130) but does not teach the haze range. Ishida teaches multilayer PET/coPET, where the haze is 0.3 to 10%. (Paragraph 0075). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Ishida teaches ensure proper appearance of a clear PET/coPET. (Paragraph 0075). Thus, it would have been obvious to one with ordinary skill in the art to set the haze to the claimed range as taught by Ishida.
Response to Arguments
Applicant’s arguments have been fully considered.
The prior rejections have been withdrawn, due to Applicant’s amendments.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781
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