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 .
Claim Rejections - 35 USC § 103
Claims 1, 5-7, 10-11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermans et al. (US 2019/0299574 A1) in view of Koehn et al. (US 2012/0028014 A1).
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 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
Koehen teaches a heat-sealable multilayer structure (Abstract), comprising an oriented film and a sealant layer. (Claim 5 of Koehen). Koehen teaches the sealant layer comprises 3 to 65 wt% of LDPE and 35 to 97 wt% of an ethylene/propylene elastomer, where the elastomer has a density of 0.860-0.890 g/cm3 and a melt index of ranging from 0.9 to 8 g/10 min (Paragraph 0021, 0023, 0041-0042). These ranges overlap the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. Koehen teaches this heat sealant layer provides the advantage of with excellent sealing along with excellent linear tear properties without comprising strength, which allows the heat sealing to be applied to packaging that needs to be easier to be opened for customers. (Paragraph 0021). Thus, it would have been obvious to one with ordinary skill in the art to use the claimed sealant layer taught by Koehn as the sealant layer in Ackerman to create a durable packaging that can also be easy to open when necessary.
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 (first polyethylene layer) of more than 98 wt% of polyethylene (Paragraph 0019) and a tie layer (second polyethylene layer) comprising 98 wt% of LDPE between the sealant layer and the oriented film. (Paragraph 0122-0123). 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 1 to 15g/10 min. (Paragraph 0123). 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.
Regarding Claim 10, Koehen teaches the elastomer has a melt index of ranging from 0.9 to 8 g/10 min (Paragraph 0021, 0023, 0041-0042). 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.
Regarding Claim 11, Koehen teaches the ethylene-based elastomers can have a melting point of 79-120 degrees C. (Paragraph 0042). 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.
Regarding Claim 15, Ackermans teaches sealant layers can be co-extruded onto the oriented film. (Paragraph 0188, 0207). Koehn also teaches coextrusion is suitable for forming heat sealant layer onto the oriented film (Paragraph 0032). Thus, it would have been obvious to co-extruded the sealant layer onto the oriented film as taught by Ackermans and Koehn, as such method of forming is suitable.
Claims 3 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermans and Koehn in view of Nummila-Pakarinen et al. (US 2016/0296965 A1).
Regarding Claims 3 and 23, Koehn teaches the LDPE of the sealant layer can have a melt index of 2 g/10 min. (Paragraph 0043).
Ackermans and Koehn do not specifically teach the molecular weight distribution of the LDPE in the sealant layer.
Nummila-Pakarinen teaches a low-density polyethylene that can be blended with another polymer to be used for heat-sealing (Abstract; Paragraph 0069), where the low-density polyethylene has a melt flow rate of greater than 3 g/10min and a molecular weight distribution of greater than 10 (Paragraph 0017). This ranges overlap the claimed range. Nummila-Pakarinen teaches this LDPE has an advantage of requiring a low sealing temperature, which reduces the cost of sealing, while maintaining excellent strength. Thus, it would have been obvious to one with ordinary skill in the art to use the LDPE of Nummila-Pakarinen as the LDPE in Ackermans and Koehn for the lower cost of production while maintaining strength.
Response to Arguments
Applicant’s arguments have been found persuasive and a new grounds of rejection has been made.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Michael Zhang/Primary Examiner, Art Unit 1781