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
EXAMINER’S NOTE
This instant Final Rejection vacates and replaces the Final Rejection issued on 07/07/2026.
Claim Rejections - 35 USC § 103
Claims 1, 3, 5-7, 10-11, 15 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermans et al. (US 2019/0299574 A1) in view of Kale et al. (US 5,582,923 A), Case et al. (US 5,278,236) and Lai et al. (US 5,278,272)
Regarding Claim 1, Ackermans teaches a heat-sealable multilayer structure (Abstract; Paragraph 0266) comprising an oriented film comprising 98 wt% or more of polyethylene (Paragraph 0019, 0126, 0127), which overlaps the claimed range, and a polyethylene-based sealant layer formed on the oriented film. (Paragraph 0129). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Ackermans does not specifically teach the claimed composition of the sealant layer
Kale teaches a sealant composition (Abstract) comprising 5 to 20 wt% of a low-density polyethylene (Claim 1 of Kale; Column 10, Lines 30-35) and 80 to 95 wt% of an elastic ethylene/alpha-olefin copolymer, an ethylene-based elastomer. (Claim 1 of Kale). Kale teaches the ethylene/alpha-olefin copolymer has a density of 0.850 g/cm3 to 0.940 g/cm3. (Column 17, Lines 25-33). Kale teaches the melt index (I2) is from 1 to 50 g/10 minutes. (Column 17, Lines 40-45) These ranges overlap the claimed range. Kale incorporates by reference the Case and Lai for the elastic ethylene/alpha-olefin copolymers, which yield ethylene/alpha olefin copolymers with greater than 50 mol% of units derived from ethylene monomer. 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). Kale teaches this sealant composition offers the advantage of high line speeds, high resistance to draw resonance and substantially reduced neck-in. (Column 4, Lines 38-47). Thus, it would have been obvious to one with ordinary skill in the art to use the claimed sealant taught by Kale in Ackermans for the improved physical properties of the sealant layer.
Regarding Claims 3 and 23, Kale teaches the low-density polyethylene of the sealant layer has a Mw/Mn of at least 7.0 and a melt index of less than 6.0 g/10 mins. (Column 9, Lines 45-60). 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 5, Ackermans teaches the oriented film can comprise two or more layers. (Paragraph 0161; Claim 1 of Ackermans)
Regarding Claim 6, Ackermans teaches the sealant layer can be directly contacting the oriented film. (Paragraph 0161, 0207)
Regarding Claim 7, Ackermans teaches the oriented film of more than 90 wt% of polyethylene and a tie layer comprising more than 90 wt% of LDPE between and in contact with the sealant layer and the oriented film. (Paragraph 0122-0126, 0161). Ackermans teaches this tie layer comprises an LDPE having a density of 0.915 to 0.930 g/cm3 and a melt flow rate of 0.1 to 20g/10 min. (Paragraph 0152-0153). 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 10, Kale teaches the melt index (I2) of the ethylene/alpha-olefin is from 1 to 50 g/10 minutes. (Column 17, Lines 40-45) 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 11, Kale teaches the sealant layer can be heat sealed/melted at 60 to 160 degrees C. LDPE has a melting point of around 105 to 115 degrees C. Thus, it would have been obvious to one with ordinary skill in the art that the melting point of the ethylene/alpha-olefin copolymer to be less than around 160 degrees C to ensure the sealant layer has excellent sealing properties at 60 to 160 degrees C. (Column 25).
Regarding Claim 15, Ackermans teaches sealant layers can be co-extruded onto the oriented film. (Paragraph 0188, 0207).
Response to Arguments
A new ground of rejection has been made in view of Applicant’s amendments.
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.
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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