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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/23/2026 has been entered.
Claim Rejections - 35 USC § 103
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ponti et al. (US 2019/0160796 A1) in view of White et al. (US 5,480,962 A)
Regarding Claim 1, Ponti teaches a multilayer film comprising a first layer A and at least one second layer B. (Claim 1 of Ponti).
Ponti teaches layer B can 30-95% of an aliphatic-aromatic polyester comprising of the following components:
a dicarboxylic component containing with respect to the total dicarboxylic component: e1) 35-70% by moles of units deriving from at least one aromatic dicarboxylic acid, e2) 65-30% by moles of units deriving from at least one saturated aliphatic dicarboxylic acid, and e3) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid;
a diol component comprising with respect to the total diol component: f1) 95-100% by moles of units deriving from at least one saturated aliphatic diol, and f2) 0-5% by moles of units deriving from at least one unsaturated aliphatic diol;
vii) 0.1-50% by weight, with respect to the sum of components vi.-x., of at least one polymer of natural origin;
viii) 1-40% by weight, with respect to the sum of components vi.-x, of at least one polyhydroxyalkanoate;
ix) 0-15% by weight, with respect to the sum of components vi.-x, of at least one inorganic filler; and
x) 0-5% by weight, with respect to the sum of components vi.-x, of at least one cross-linking agent and/or chain extender comprising at least one compound having two and/or multiple functional groups including isocyanate, peroxide, carbodiimide, isocyanurate, oxazoline, epoxide, anhydride divinylether groups and mixtures thereof. (Claim 1 of Ponti).
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. (MPEP §2144.05).
Ponti teaches layer A can comprise i) 60-100% by weight of at least one aliphatic-aromatic polyester; ii) 0-20% by weight of at least one aliphatic polyester; iii) 0-40% by weight of at least one polyhydroxyalkanoate; v) 0-5% by weight, of at least one cross-linking agent and/or a chain extender comprising at least one compound having two and/or multiple functional groups including isocyanate, peroxide, carbodiimide, isocyanurate, oxazoline, epoxy, anhydride or divinyl ether groups and mixtures thereof; iv) 0-10% by weight of at least one filler. (Paragraph 0109).
Ponti also teaches layer A can comprise i) 30-70% by weight of at least one aliphatic-aromatic polyester; ii) 20-60% by weight of at least one aliphatic polyester; iii) 1-20% by weight of at least one polyhydroxyalkanoate; v) 0-5% by weight of at least one cross-linking agent and/or a chain extender comprising at least one compound having two and/or multiple functional groups including isocyanate, peroxide, carbodiimide, isocyanurate, oxazoline, epoxy, anhydride or divinyl ether groups and mixtures thereof; iv) 0-10% by weight, of at least one filler. (Paragraph 0103).
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. (MPEP §2144.05).
Ponti teaches the aliphatic-aromatic polyester can comprise a dicarboxylic component comprising with respect to the total dicarboxylic component: a1) 35-70% by moles of units deriving from at least one aromatic dicarboxylic acid, a2) 65-30% by moles of units deriving from at least one saturated aliphatic dicarboxylic acid, and a3) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid; and d) a diol component comprising with respect to the total diol component: b1) 95-100% by moles of units deriving from at least one saturated aliphatic diol, and b2) 0-5% by moles of units deriving from at least one unsaturated aliphatic diol. (Claim 2 of Ponti).
These ranges overlap the claimed ranges recited for the aliphatic-aromatic polyester composition of layer A. 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).
Ponti teaches the aliphatic polyester in layer A can comprise a dicarboxylic component comprising succinic acid (c1) and azelaic acid (c2). Ponti teaches a diol component comprising d1) 95-100% by moles of units deriving from at least one aliphatic dicarboxylic acid; d2) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid. (Paragraph 0037-0044). Ponti teaches the dicarboxylic component can comprise a mixture of multiple acids, including succinic acid and azelaic acid. (Paragraph 0044).
Ponti does not teach the mole% of the succinic acid and the azelaic acid in the aliphatic polyester.
White teaches an aliphatic polyester for use in packaging (Abstract; Column 9, Lines 1) comprising succinic acid and azelaic acid as the dicarboxylic component. (Abstract; Column 8, Lines 10-15). White teaches the molar amount of succinic acid can range from 65 to 95 mol% and azelaic acid can range from 5 to 35 %. (Column 3, Lines 50-67). White teaches this range ensure proper elongation and the proper crystallinity of the resulting aliphatic polyester, when the polyester is used in a film. (Column 3, Lines 50-67). These ranges overlap the claimed ranges. Thus, as it would have been obvious to one with ordinary skill in the art to use the claimed range of succinic acid to azelaic acid as taught by White to ensure a proper polyester is formed.
Regarding Claim 2-3, Ponti teaches the a1 can be 1 to 99 mol% of terephthalic acid, its esters or salts and 99 to 1 mol% of 2,5-furandicarboxylic acid, its esters or salts. (Paragraph 0030).
Regarding Claims 4-6, Ponti teaches the saturated aliphatic dicarboxylic acid comprises mixtures comprising at least 50% moles of succinic acid, adipic acid, azelaic acid, sebacic acid, brassylic acid, their C1-C24 esters, salts and mixtures thereof. (Paragraph 0033).
Regarding Claim 7, Ponti teaches 0-20% or 20-60% by weight of at least one aliphatic polyester. (Paragraph 0103, 0109) 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).
Ponti teaches the aliphatic polyester in layer A can comprise a dicarboxylic component comprising succinic acid (c1) and azelaic acid (c2). Ponti teaches a diol component comprising d1) 95-100% by moles of units deriving from at least one aliphatic dicarboxylic acid; d2) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid. (Paragraph 0037-0044).
Ponti does not teach the mole% of the succinic acid and the azelaic acid in the aliphatic polyester.
White teaches an aliphatic polyester for use in food packaging (Abstract; Column 9, Lines 1) comprising succinic acid and azelaic acid as the dicarboxylic component. (Abstract; Column 8, Lines 10-15). White teaches the molar amount of succinic acid can range from 65 to 95 mol% and azelaic acid can range from 5 to 35 %. (Column 3, Lines 50-67). White teaches this range ensure proper elongation and the proper crystallinity of the resulting aliphatic polyester, when the polyester is used in a film. (Column 3, Lines 50-67). These ranges overlap the claimed ranges. Thus, as it would have been obvious to one with ordinary skill in the art to use the claimed range as taught by White to ensure a polyester that can be used for films is formed.
Regarding Claims 8-10, Ponti teaches one of the acids can be azelaic acid, as discussed above. White teaches the c2 is azelaic acid, as discussed above.
White teaches an aliphatic polyester for use in food packaging (Abstract; Column 9, Lines 1) comprising succinic acid and azelaic acid as the dicarboxylic component. (Abstract; Column 8, Lines 10-15). White teaches the molar amount of succinic acid can range from 65 to 95 mol% and azelaic acid can range from 5 to 35 %. (Column 3, Lines 50-67). White teaches this range ensure proper elongation and the proper crystallinity of the resulting aliphatic polyester, when the polyester is used in a film. (Column 3, Lines 50-67). These ranges overlap the claimed ranges. Thus, as it would have been obvious to one with ordinary skill in the art to use the claimed range as taught by White to ensure a polyester that can be used for films is formed.
Regarding Claim 11, Ponti teaches layer A can comprise iii) 0-40% or 1-20% by weight of at least one polyhydroxyalkanoate. (Paragraph 0103, 0109) 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 12, Ponti teaches iv) 0-10% by weight of at least one filler. (Paragraph 0103, 0109). 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 13, Ponti does not specifically teach the composition of the filler iv). However, Ponti teaches talc and calcium carbonate aid in the disintegrability of polyesters. (Paragraph 0163) Thus, it would have been obvious to one with ordinary skill in the art to use the fillers of talc and calcium carbonate as taught by Ponti as component iv) in polyester to further aid in disintegrability.
Regarding Claim 14 Ponti teaches layer A can comprise v) 0-5% by weight, of at least one cross-linking agent and/or a chain extender. (Paragraph 0103, 0109) 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 15-16, Ponti teaches the aromatic dicarboxylic acids e1 can comprise Ponti teaches the a1 can be 1 to 99 mol% of terephthalic acid, its esters or salts and 99 to 1 mol% of 2,5-furandicarboxylic acid, its esters or salts. (Paragraph 0135).
Regarding Claim 17-19, Ponti teaches e2, saturated aliphatic dicarboxylic acids, can be mixture of adipic acid and azelaic acid and have 5 to 40 mole% of azelaic acid with respect to adipic and azelaic acid. (Paragraph 0138). 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 20, Ponti teaches 0.1-50% by weight, with respect to the sum of components vi.-x., of at least one polymer of natural origin. (Claim 1 of Ponti). 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 21, Ponti teaches the arrangement of A/B/A or A/B. (Claim 1 of Ponti; Paragraph 0020).
Regarding Claim 22, Ponti teaches the film should disintegrate under domestic composting conditions according to UNI 1135 in under 180 days. (Paragraph 0207-0209).
Regarding Claim 23-24, Ponti teaches using the film for a food packaging. (Paragraph 0019).
Regarding Claim 25, teaches a multilayer film comprising a first layer A and at least one second layer B. (Claim 1 of Ponti).
Ponti teaches layer B can 30-95% of an aliphatic-aromatic polyester comprising of the following components:
a dicarboxylic component containing with respect to the total dicarboxylic component: e1) 35-70% by moles of units deriving from at least one aromatic dicarboxylic acid, e2) 65-30% by moles of units deriving from at least one saturated aliphatic dicarboxylic acid, and e3) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid;
a diol component comprising with respect to the total diol component: f1) 95-100% by moles of units deriving from at least one saturated aliphatic diol, and f2) 0-5% by moles of units deriving from at least one unsaturated aliphatic diol;
vii) 0.1-50% by weight, with respect to the sum of components vi.-x., of at least one polymer of natural origin;
viii) 1-40% by weight, with respect to the sum of components vi.-x, of at least one polyhydroxyalkanoate;
ix) 0-15% by weight, with respect to the sum of components vi.-x, of at least one inorganic filler; and
x) 0-5% by weight, with respect to the sum of components vi.-x, of at least one cross-linking agent and/or chain extender comprising at least one compound having two and/or multiple functional groups including isocyanate, peroxide, carbodiimide, isocyanurate, oxazoline, epoxide, anhydride divinylether groups and mixtures thereof. (Claim 1 of Ponti).
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. (MPEP §2144.05).
Ponti teaches layer A can comprise i) 60-100% by weight of at least one aliphatic-aromatic polyester; ii) 0-20% by weight of at least one aliphatic polyester; iii) 0-40% by weight of at least one polyhydroxyalkanoate; v) 0-5% by weight, of at least one cross-linking agent and/or a chain extender comprising at least one compound having two and/or multiple functional groups including isocyanate, peroxide, carbodiimide, isocyanurate, oxazoline, epoxy, anhydride or divinyl ether groups and mixtures thereof; iv) 0-10% by weight of at least one filler. (Paragraph 0109). 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. (MPEP §2144.05).
Ponti teaches the aliphatic-aromatic polyester can comprise a dicarboxylic component comprising with respect to the total dicarboxylic component: a1) 35-70% by moles of units deriving from at least one aromatic dicarboxylic acid, a2) 65-30% by moles of units deriving from at least one saturated aliphatic dicarboxylic acid, and a3) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid; and d) a diol component comprising with respect to the total diol component: b1) 95-100% by moles of units deriving from at least one saturated aliphatic diol, and b2) 0-5% by moles of units deriving from at least one unsaturated aliphatic diol. (Claim 2 of Ponti).
These ranges overlap the claimed ranges recited for the aliphatic-aromatic polyester composition of layer A. 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).
Ponti teaches the aliphatic polyester in layer A can comprise a dicarboxylic component comprising succinic acid (c1) and azelaic acid (c2). Ponti teaches a diol component comprising d1) 95-100% by moles of units deriving from at least one aliphatic dicarboxylic acid; d2) 0-5% by moles of units deriving from at least one unsaturated aliphatic dicarboxylic acid. (Paragraph 0037-0044). Ponti teaches the dicarboxylic component can comprise a mixture of multiple acids, including succinic acid and azelaic acid. (Paragraph 0044).
Ponti does not teach the mole% of the succinic acid and the azelaic acid in the aliphatic polyester.
White teaches an aliphatic polyester for use in food packaging (Abstract; Column 9, Lines 1) comprising succinic acid and azelaic acid as the dicarboxylic component. (Abstract; Column 8, Lines 10-15). White teaches the molar amount of succinic acid can range from 65 to 95 mol% and azelaic acid can range from 5 to 35 %. (Column 3, Lines 50-67). White teaches this range ensure proper elongation and the proper crystallinity of the resulting aliphatic polyester, when the polyester is used in a film. (Column 3, Lines 50-67). These ranges overlap the claimed ranges. Thus, as it would have been obvious to one with ordinary skill in the art to use the claimed range as taught by White to ensure a polyester that can be used for films is formed.
Response to Arguments
Applicant’s arguments have been fully considered.
A new grounds of rejection has been made in view of Applicant’s amendments.
Correspondence
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/Michael Zhang/Primary Examiner, Art Unit 1781
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