DETAILED ACTION
Notice of Pre-AIA or AIA Status
Claim(s) 1-9, 12, 14-18, 20, 25, 37-39 is/are pending.
Claim(s) 1-9, 12, 14-18, 20, 25, 37-39 is/are rejected.
Claim(s) 10-11, 13, 19, 21-24, 26-36 is/are cancelled by Applicant.
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 .
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 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.
Claim Objections
The objections in the previous Office Action mailed 07/16/2025 have been withdrawn in view of the Claim Amendments filed 11/13/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, in the previous Office Action mailed 07/16/2025 have been withdrawn in view of the Claim Amendments filed 11/13/2025.
Claim Rejections - 35 USC § 103 (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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9, 12, 14-18, 20, 25, 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over:
• NODA ET AL (US 2002/0143136),
in view of POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID),
and in view of IWATA ET AL (US 2014/0088288),
and in view of DOU ET AL (US 2010/0323196),
and in view of DOU ET AL (US 2011/0244185),
and in view of LAPRAY ET AL (US 2020/0339781) or LAPRAY ET AL (US 2020/0339784).
NODA ET AL ‘136 discloses biodegradable and/or compostable multi-layer films comprising:
• an optional outer first layer (e.g., comprising polylactic acid (PLA), etc.) (corresponding to the recited “second outer skin layer (A)” of claim 20);
• a core second layer (corresponding to recited “layer (B)”) comprising a blend of:
• 5-95 wt% (preferably 30-70 wt% of one or more polyhydroxyalkanoate (PHA) resin(s), wherein the PHA resin(s) comprise:
•a first random repeating monomer unit (RRMU) of structure (I) --
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136
371
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for example, R1=C1 alkyl (methyl) and n=1 (i.e., 3-hydroxybutyrate (3HB); etc.
• one or more second RRMUs of structure (II) or (III) --
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333
369
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for example, R2=C3 alkyl (ethyl) (i.e., 3- hydroxyhexanoate (3HH); etc.
wherein the PHA resin can be a blend of multiple PHA resins;
• 5-95 wt% (preferably 30-70 wt%) of a semi-crystalline polylactic acid (PLA) polymer (corresponding to the recited “modifier X”), wherein the PLA polymer typically has a melting temperature (Tm) of about 80-190 °C (e.g., 160-175 °C, etc.);
• less than 50 wt% of other components, (e.g., other polymers such as polycaprolactone, etc.; slip / anti-block agents; pigments; fillers; nucleating agents; etc.);
• an optional outer third layer (e.g., PLA, etc.) (corresponding the recited “layer (C)”), wherein the outer third layer can be heat-sealable (corresponding to the recited “heat sealant layer” of claim 25) (e.g., by incorporating lower melting polymer, etc.);
The multi-layer films has a typical overall thickness of 254 microns or less. Films containing the disclosed PHA / PLA blends exhibit improved or different performance properties (e.g., hardness/softness, brittleness/flexibility, toughness, processibility, optical properties, etc.) compared to PHA alone or PLA alone (entire document, paragraph 0011, 0014, 0017-0025, 0032, 0034, 0037-0045, 0049-0050, 0053-0062, 0073-0074, 0082, 0085, etc.) However, the reference does not specifically discuss PHA resins with specific Tg values or PLA-based heat-sealable layers containing polymeric modifiers.
POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID) discloses that it is well known in the art that poly(3-hydroxybutyrate-3-hydroxyhexanoate) (3HB-3HHx) copolymers (corresponding to the recited “PHA resin”; corresponding to the recited “semi-crystalline PHA resin” of claims 2-3, 5) are crystallizable PHAs with crystallinity values of about 25-50% and Tm values up to about 175 °C. (Figure 2, etc.; page 269-271, etc.)
IWATA ET AL ‘288 provides evidence that poly(3-hydroxybutyrate-3-hydroxyhexanoate) (3HB-3HH) copolymers (corresponding to the recited “PHA resin”; corresponding to the recited “semi-crystalline PHA resin” of claims 2-3, 5) with 3HH comonomer contents of 3-11 mol% are crystallizable PHA copolymers which can exhibit glass transition (Tg) temperatures of about 0 °C and melting points (Tm) between 140-165 °C (paragraph 0017-0018, 0029-0034, 0058-0061, etc.)
DOU ET AL ‘196 discloses that it is well known in the art to incorporate a polymeric modifier (corresponding to the recited “modifier Y”) into heat-sealing PLA outer layer compositions (corresponding to the recited “layer (C)”) in order to improve heat seal initiation temperature and heat seal performance, wherein the modified PLA-based heat-sealable layer composition comprise:
• at least 50 wt% amorphous PLA;
• 1-50 wt% of a modifying resin (corresponding to the recited “modifier Y”) (e.g., polycaprolactone (PCL) resins with a typical melting point of about 56-65 ºC and a glass transition temperature of about -61 ºC; etc.) that modifies (e.g., lowers) heat seal initiation temperature and modifies (e.g., broaden) seal temperature range of the amorphous PLA;
• one or more optional additional biodegradable or compostable materials (corresponding to the recited “biopolymer” of claim ) preferably with Tm values less than the Tm of the amorphous PLA (e.g., PHA or poly(3HB) resins of relatively lower melting points; amorphous PHA resins; PBSA, polybutylene succinate (PBS); etc.);
• optional additives (e.g., anti-block particles, such as amorphous silica, aluminosilicates, etc.);
(paragraph 0008, 0017-0018, 0020-0022, 0024, 0045-0049, 0052, etc.)
DOU ET AL ‘185 provides evidence that:
(i) commercially available crystalline PLA (e.g., Natureworks INGEO 4032D) can have a Tm of about 150 ºC and a Tg of about 55 ºC;
(ii) commercially available amorphous PLA (e.g., Natureworks INGEO 4060D) generally has a Tg of 52-58 ºC and a seal initiation temperature of about 80 ºC.
(paragraph 0056, etc.; Table 1, etc.)
LAPRAY ET AL ‘781 or LAPRAY ET AL ‘784 discloses that it is well known in the art to incorporate biodegradation-promoting additives in biodegradable film compositions which enable biodegradable polyesters (e.g., PLA, PHA, etc.) to be composted under less aggressive conditions (e.g., home composting conditions). (LAPRAY ET AL ‘781, paragraph 0050-0051, etc.) (LAPRAY ET AL ‘784, paragraph 0053, etc.)
Regarding claims 1-8, 12, 14-15, 17-18, 20, 25, 39, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize known modified PLA-based heat-sealable layer compositions containing modifying polymers (corresponding to the recited “modifier Y”) capable of improving (e.g., lowering) the heat seal initiation temperature and seal temperature range of a PLA-based heat-sealable layer (as disclosed in DOU ET AL ‘196) to form the first PLA-based outer layer (corresponding to the recited “layer (C)”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable laminates with useful, readily optimized heat-sealing characteristics (e.g., for forming packaging materials, etc.).
Further regarding claim 1, one of ordinary skill in the art would have selected the composition of the heat-sealable PLA-based compositions of DOU ET AL ‘196 used in the PLA-based first outer layer (corresponding to recited “layer (C)”) in the multilayer films of NODA ET AL ‘136 in order to obtain the optimal seal initiation temperature (e.g., about 160 ºF; about 71 ºC) and the optimal heat seal temperature window (e.g., about 160-240 ºF; about 71-116 ºC) for specific packaging applications.
Further regarding claim 1, one of ordinary skill in the art would have incorporated effective amounts of known biodegradation-promoting additives as disclosed in LAPRAY ET AL ‘781 or LAPRAY ET AL ‘784 in one or more layers in the multilayer films of NODA ET AL ‘136 in order to produce laminate films which are biodegradable and also compostable under home composting conditions.
Regarding claim 5, one of ordinary skill in the art would have utilized known and/or commercially available crystallizable PHA copolymers (e.g., 3HB-3HH copolymers, etc.) (as evidenced by POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID and IWATA ET AL ‘288) as the PHA resin component in the PHA / PLA-based second core layer (corresponding to recited “layer (B)”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable and/or compostable multilayer films with improved or modified performance properties (e.g., hardness/softness, brittleness/flexibility, toughness, processibility, optical properties, etc.) for specific applications or products (e.g., packaging materials, etc.).
Regarding claim 6, one of ordinary skill in the art would have utilized known and/or commercially available PLA polymers (as evidenced by DOU ET AL ‘185) as the
PLA component (corresponding to recited “modifier X”) in the PHA / PLA-based second core layer (corresponding to recited “layer (B)”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable and/or compostable multilayer films with improved or modified performance properties (e.g., hardness/softness, brittleness/flexibility, toughness, processibility, optical properties, etc.) for specific applications or products (e.g., packaging materials, etc.).
Regarding claim 8, one of ordinary skill in the art would have incorporated effective minor amounts of an additional polymer (e.g., polycaprolactone, etc.) (corresponding to the recited “biopolymers”) in the second PHA / PLA-based core layer (corresponding to recited “layer (B)”) in the multilayer films of NODA ET AL ‘136 in order to further modify or tailor the mechanical properties and/or processibility and/or biodegradation characteristics of the NODA ET AL ‘196 films for specific applications.
Regarding claim 9, one of ordinary skill in the art would have utilized known and/or commercially available PLA-based copolymers as the PLA component in the second PHA / PLA-based core layer (corresponding to recited “layer (B)”) in the multilayer films of NODA ET AL ‘136 in order to further tailor the mechanical properties and/or processibility and/or biodegradation characteristics of the NODA ET AL ‘196 films for specific applications.
Regarding claim 16, one of ordinary skill in the art would have incorporated minor amounts of known and/or commercially available crystalline PLA resins (as evidenced in DOU ET AL ‘185) in the modified PLA-based heat-sealable layer compositions of DOU ET AL ‘196 used as the PLA-based first outer layer (corresponding to recited “layer (C)”) in the multilayer films of NODA ET AL ‘136 in order to further adjust the mechanical properties and/or heat-sealing properties and/or biodegradation characteristics of the NODA ET AL ‘136 films for specific applications.
Regarding claim 37, one of ordinary skill in the art would have selected the film-forming conditions (e.g., stretch ratios in transverse and longitudinal directions, etc.) in order to produce multi-layer biodegradable films of KRISHNASWAMY ET AL ‘743 with preferential transverse tearing (as represented by a tear strength ratio of MD/TD ≥ 1) for specific packaging applications.
Regarding claim 38, one of ordinary skill in the art would have utilized a predominately crystalline PHA / PLA core layer (corresponding to recited “layer (B)”) composition i in the multilayer films of NODA ET AL ‘136 in order to produce multi-layer films with improved mechanical and/or barrier properties.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over:
• NODA ET AL (US 2002/0143136), in view of POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID), and in view of IWATA ET AL (US 2014/0088288), and in view of DOU ET AL (US 2010/0323196), and in view of DOU ET AL (US 2011/0244185), and in view of LAPRAY ET AL (US 2020/0339781) or LAPRAY ET AL (US 2020/0339784)
as applied to claims 1-9, 12, 14-18, 20, 25, 37-39 above,
and further in view of SAWAI ET AL (US 2006/0019111).
SAWAI ET AL ‘111 discloses that it is well known in the art to incorporate caprolactone or glycolic acid as comonomers in polylactic acid resins. The reference discloses that PLA homopolymers and copolymers have typical melting points between 150-170 ºC. (paragraph 0017-0018, etc.)
Regarding claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize known and/or commercially available PLA-based copolymers (as suggested in SAWAI ET AL ‘111) in the PLA component (corresponding to the recited “modifier X”) in the PHA / PLA-based second core layer (corresponding to recited “layer (B)”) in the multilayer films of NODA ET AL ‘136 in order to further tailor the mechanical properties and/or processibility and/or biodegradation characteristics of the NODA ET AL ‘196 films for specific applications.
Response to Arguments
Applicant’s arguments filed 11/13/2025 have been considered but are moot in view of the new grounds of rejections necessitated by the Claim Amendments filed 11/13/2025.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HIROSE ET AL (US 2009/0082484) and HIROSE ET AL (US 2009/0131545) disclose poly(3-hydroxyalkanoate) copolymers.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vivian Chen (Vivian.chen@uspto.gov) whose telephone number is (571) 272-1506. The examiner can normally be reached on Monday through Thursday from 8:30 AM to 6 PM. The examiner can also be reached on alternate Fridays.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Callie Shosho, can be reached on (571) 272-1123. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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March 9, 2026
/Vivian Chen/
Primary Examiner, Art Unit 1787