RESPONSE TO AMENDMENT
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 .
WITHDRAWN REJECTIONS
The 35 U.S.C. §103 rejections of the claims made of record in the office action mailed on 04/06/2026 have been withdrawn due to Applicant’s amendment in the response filed 07/06/2026.
REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-8 and 14 are rejected under 35 U.S.C. 103 as obvious over Maier et al. (WO 2019/180118) (cited in the IDS filed on 08/29/2024) in view of Ito et al. (JP2012-214571) (cited in the IDS filed on 08/29/2024)
Regarding claims 1 and 4, Maier et al. discloses a polyolefin aqueous dispersion containing 50-100 wt% of an aqueous dispersions including 30-90 wt% of a copolymer of polyethylene and (meth)acrylic acid. (Abstract). The viscosity of the composition is disclosed to fall within the range of 30-800 mPa*s (page 8, lines 1-6). As set forth in MPEP 2144.05, in the case where the claimed range “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).
With respect to the limitation “neutralized only with ammonia, an organic amine, or an alkali metal hydroxide”, Maier et al. discloses using a neutralizing compound in the form of ammonia, NaOH or KOH. (page 7, lines 12-14). These compounds would therefore be able to be used alone or in combination, thereby meeting the limitation of “neutralized only” as claimed.
Maier et al. discloses neutralizing the ethylene-(meth)acrylic acid copolymer dispersion material but does not disclose the degree of neutralization as claimed. (page 7, line 11-14).
Ito et al. teaches an aqueous dispersion of a resin composition including (A) an ethylene/acrylic acid-based copolymer, (B) an ethylene-acrylic acid-based copolymer wax, (C) an acid group-containing compound and (D) water. (Claim 1, Abstract, par. [0012]-[0013]). Ito et al. teaches that the degree of neutralization with ammonia of the ethylene/acrylic acid-based copolymer and ethylene/acrylic acid-based copolymer wax is generally 50 mol% or less from the standpoint controlling the viscosity and improving stability. (par. [0059]). In particular, neutralization degrees in the range of 20-80 mol%. (par. [0060]).
It would have been obvious to one of ordinary skill in the art to neutralize the copolymer of Maier et al. to a degree as disclosed in Ito et al., which overlaps with the presently claimed range.
One of ordinary skill in the art would have found it obvious to neutralize the copolymer to a degree as taught in Ito et al. to control the viscosity of the composition and improve the stability thereof.
Regarding claims 2-3 and 6-7, Maier et al. discloses a copolymer of polyethylene and (meth)acrylic acid. (Abstract).
Regarding claim 5, Maier et al. discloses that the diameter of the average particle diameter of the in the range of 1 to 50 micrometers which substantially overlaps with the claimed range of 1 to 10 micrometers. (page 8, lines 1-6). As set forth in MPEP 2144.05, in the case where the claimed range “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).
Regarding claim 8, Maier et al. discloses a coating (i.e. a laminate) including the aqueous dispersion. (page 1, lines 7-13). Maier et al. does not disclose that the aqueous dispersion is usable with a paper substrate in particular.
Ito et al. teaches forming a laminate (coating on a substrate) using the aqueous dispersion. (par. [0070]) including paper substrates to form a heat sealable laminate (par. [0070]).
It would have been obvious to one of ordinary skill in the art to apply the aqueous dispersion of Maier et al. onto a paper substrate in view of the disclosure in Ito et al. that ethylene-unsaturated carboxylic acid aqueous dispersions have known industrial applicability to being used as a coating or sealing materials for paper substrates. One of ordinary skill in the art would have a reasonable expectation of success in using the dispersion taught in Maier et al. onto a paper substrate to form a laminate to produce a product having commercial and industrial applications.
Regarding claim 14, Maier et al. discloses using a neutralizing compound in the form of ammonia, NaOH or KOH. (page 7, lines 12-14).
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed 07/06/2026 regarding the 35 U.S.C. §103 rejections made of record in the office action mailed on 04/06/2026 have been considered but are moot due to the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 07/18/2026
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