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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 19, 2025 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP-H07-232418 to Sugiyama in view of USPN. 6,294,268 to Muraoka, as evidenced by JP-2010-215705 to Asahi.
Regarding Claims 1-4 and 8-9
Sugiyama teaches a multilayer heat-sealing film comprising a base layer, anchor layer, high-pressure method low density polyethylene layer having a density such as 923 kg/m3 and an ethylene-alpha-copolymer layer having a density between 890 and 950 kg/m3 in that order (Sugiyama, abstract, paragraphs [0026], [0033] and [0047]). Sugiyama does not appear to teach that the base layer is a stretched Ultra High Molecular Weight Polyethylene. However, Muraoka teaches a multilayer laminate comprising a layer of oriented (stretched) film of Ultra-High Molecular-Weight polyethylene-based resin having a limiting viscosity of 5 dl/g which is considered to be a viscosity average molecular weight of about 600,000 or more (Muraoka, abstract, column 6-9, examples; Asahi, paragraph [0055]). Muraoka teaches a second layer of a low-density polyethylene, which typically comprises molecular weights within the range of low-molecular weight polyethylene (Id.). Muraoka teaches at the ethylene may be a low-density polyethylene or an ethylene-acrylic acid copolymer having a density of between 909 and 935 kg/m3 which overlaps the claimed range of between 860 and 955 kg/m3 (Id., col 7, lines 50-56). Muraoka teaches that the laminate may comprise additional layers (anchor-coat) between the outer layers (Id., column 9, lines 42-58). Muraoka teaches that the oriented UHMWPE base layer provides excellent shock resistance, abrasion resistance, resistance against chemicals, tensile strength and the like (Id., column 1, lines 30-44). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the laminate of Sugiyama and to utilize as the base film the stretched UHMWPE film of Muraoka, motivated by the desire to form a conventional heat sealable laminate having improved shock resistance, abrasion resistance, chemical resistance and tensile strength.
Regarding Claim 3
The prior art combination does not appear to teach that the anchor-coat layer possesses a thickness between 0.01 and 0.7 micrometers. It should be noted that the thickness of the layer is a result effective variable. As thickness increases, the material exhibits increased strength, weight and cost and decreased flexibility. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the thickness since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the thickness in order to achieve the desired balance between strength, weight, cost and flexibility.
Regarding Claim 4
The prior art combination teaches the UHMWPE film has a tensile strength of greater than 100MPa (Id., table 1). Regarding the tensile modulus of elasticity, moisture permeability and endothermic peak, although the prior art does not disclose these physical properties, the claimed properties are deemed to be inherent to the structure in the prior art since the Muraoka reference 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(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Muraoka and Asahi as applied to claims 1-4 and 8-9 above, further in view of JP-2004-277529 to Deguchi.
Regarding Claims 5-7
The prior art combination does not appear to teach the inclusion of a condensed hydroxy fatty acid or thermoplastic resin within the UHMWPE layer. However, Deguchi teaches a film composition comprising a thermoplastic resin such as epoxy-based resins and 0.005 to 5% by weight of a hydroxy containing fatty acid ester which overlaps the claimed range of between 0.1 and10 parts by weight (Deguchi, abstract, paragraph [0025], [0027], [0034], [0048]). Deguchi teaches that the inclusion of these components provides antifogging and antistatic properties to polyethylene film-based materials (Id.). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the laminate of the prior art combination and to employ the additives taught by Deguchi motivated by the desire to form a conventional polyethylene film-based laminate with improved antifog and antistatic properties.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Muraoka and Asahi as applied to claims 1-4 and 8-9 above, further in view of JP-2004-269688 to Oga.
Regarding Claims 10-11
The prior art combination does not appear to teach the inclusion of a tackifier. However, Oga teaches a polyolefin laminate having a high interlayer bonding strength comprising a tackifier in an amount of 1 to 30% by weight (Oga, abstract, paragraph [0008]-[0010]). Oga teaches the tackifier improves the adhesion to substrate of the polyolefin film and may comprise a rosin-based resin (Id.). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the laminate of the prior art combination and to include within the ethylene-based resin layer a tackifier as taught by Oga, motivated by the desire to form a conventional laminate having improved interlayer bonding strength.
Response to Arguments
Applicant’s arguments 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.
Conclusion
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/VINCENT TATESURE/Primary Examiner, Art Unit 1786